ORDINANCES 


OP   THE 


\JVD*  THE 

« 


ACTS  OF  ASSEMBLY 


BELAtlSG   THERETO* 


PUBLISHED    BY   AUTHORITY   OP    THE    COMMOM1 


PRINTED  BY  JOHN  WARROCKv 

— 

1831, 


JS  13""? 


CONTENTS, 


Acts  of  -Awtmbly  relating  to  the  City  of  Richmond. 

PAGfc. 

I.  An  Act,  for  establishing  the  Town  of  Richmond,  in  the 
County  of  Henrico,  and  allowing  Fairs  to  be  kept 
therein.  May,  1742.  -  I 

II.  An  Act,  to  prevent  the  building  and  repairing  wooden 

chimnies,  in  the  town  of  Richmond.   Sept.  1744.  2 

III.  An  Act,  for  appointing  Trustees  for  the  towns  of  Richmond 

and  Falmouth.   February,  1752.  -       3 

IV.  An  act,  for  establishing  towns  at  Rocky  Ridge,  Gloucester 
court-house,  and  Layton's  warehouse,  and  for  other* 
purposes  therein  mentioned.  November,  1769.  1 

V.  An  Act,  to  establish  and  enlarge  the  power  of  the  trustees 
'  of  the  town  of  Richmond,  in  the  County  of  Henrico, 
and  for  other  purposes.   March,  1773.  -       4 

VI.  An  Act,  for  the  removal  of   the  Seat    of   Government. 

May,    1779.  -6 

VII.   An  Act,  for  locating  the  Publick  Squares,   to  enlarge  the 
Town  of  Richmond,  and  for  other  purposes.    May,  ' 
1780.  •-  -      .0 

VIII.  An  Act,  to  secure  to  persons  who  derive  titles  to  Lots, 
Lands  or  Tenements  under  the  Lottery,  or  under  a  Deed 
of  Trust  of  the  late  William  B\  rd,  Esquire,  a  fee  simple 
estate  therein.  November,  1781.  -  11 

IX.  An  Act,  for  Incorporating  the  Town  of  Richmond,  and  for 

other  purposes.   May  1782.  -     12 

X.  An  Act,  for  giving  certain  powers  to  the  Corporation  of  the 

City  of  Richmond,  and  for  other  purposes.  October  1 782.      1 5 

XI.  An  Act,  concerning  Fairs,  in  the  Town  of  Fredericksburg, 
and  the  Court  of  Hustings  thereof,  and  for  other  pur- 
poses. October,  1783.  -  16 

XII.   An  Act,  directing  the  sale  of  the  public  lands  and  other 

property  in  or  near  the  City  of  Richmond.  May,  1784.     17 

W6G786 


iv  CONTENTS — *ftcts  of  Assembly. 

XIII.  An  Act,  authorising  the  Directors  of  the  Public  Build- 

ings in  the  City  of  Richmond,  to  convey  to  Philip 
Turpin,    certain  lands.  December  14,  1787.  IS 

XIV.  An  Act,  allowing  the  City  of  Richmond  a  Represen- 

tative in  the  House  of  Delegates.   Dec.  22,   1788.        19 

XV.  An  Act,  to  grant  certain  .privileges  to  the  Cities  of 
Richmond  and  Williamsburg,  arid  to  the  Borough 
of  Norfolk.  December  20,  1790.  -  i§ 

XVI.  An  Act,  ascertaining  the  Boundaries  of  the  City  of 

Richmond,  and  for  other  purposes.  Nov.  27,  1793.     20 

.  XVII.  An  Act,  concerning  Corporations.  December  22,  1796.     21 

XVIII.   An  Act,  concerning  the  City  of  Richmond.  January 

22,   1798.  -     21 

XIX.  An  Act,  to  amend  the  Charter  of  the  City  of  Rich- 
mond.   January  11,   1803.  -     22 

XX.  An  Act,  authorising  the  appointment  of  a  Mathe- 
matical Surveyor  of  the  City  of  Richmond,  and 
for  other  purposes.  January  8,  1805.  25 

XXI.  An  Act,  to  ascertain  and  establish  the  Limits  of  the 

City  of  Richmond.  January  30,  1805.  27 

XXII.  An  Act,  establishing  the  width  of  certain  Streets  in 
the  City  of  Richmond,  and  for  other  purposes.  Jan. 
8,  1807.  -  28 

XXIII.  An  Act,  encreasing  the  number  of  Magistrates  within 

the   City   of  Richmond,    and    for   other  purposes 
therein  mentioned.   February  6, .  1808.  -     29 

XXIV.  An  Act,  to  reduce  the  width  of  certain   Streets  on 

Shockoe  Hill,  in  the  City  of  Richmond.  Feb.  3,  1809.     30 

XXV.  An  Act,  providing  for  the  Pavement  of  the   Streets 

within  the  City  of  Richmond.  February  7,  181 1.         31 

XXVI.  An  Act,  concerning   the  Constable  for   the  City  of 

Richmond,  and  for  other  purposes.   Feb.  19,  1812.       32 

XXVII.  An  Act,  concerning  the  Common  Hall  of  the  City 

of  Richmond.  February  1,   1813.  33 

XXVlIL   An  Act,  concerning  the  Public  Property  in  the  City 

of  Richmond.  February  28,   1816.  33 


tAssemb 


CONTENTS  —  Jlcts  of  Jlssembty.  v 


XXIX.  An  Act,  authorizing  the  Common  Hall  of  the  City  of 
Richmond  to  change  the  width  and  bearings  of  the 
Street  therein  mentioned.  February  19,  1816.  34 

XXX.  An  Act,  authorizing  the  Common  Hall  of  the  City  of 
Richmond  to  make  certain  changes  in  the  Streets 
of  the  said  City.  February  3,  1817.  34 

XXXI.  An  Act,  reducing  into  one  act  the  several  acts  con- 
cerning the  election  of  Members  of  the  General 
Assembly,  and  for  other  purposes.  Jan.  27,  1818.  3-5 

XXXII.  An  Act,  concerning  the  Court  of  Hustings  for  the 
City  of  Richmond.  February  2,  1818.  35 

XXXIII.  An  Act,  extending  the  Jurisdiction  of  the  Magistrates 

of  the  City  of  Richmond,  and  for  other  purposes. 

March  2,  1819.  -  -     36 

. 

XXXIV.  An  Act,  to  amend  an  act,  concerning  the  Constables 

for  the  City  of  Richmond.   February  18,   1820.          37 

XXXV.  An  Act,  to  authorise  the  Comnion  Council  of  the 
City  of  Richmond,  to  recognize  and  establish 
certain  Streets  within  the  limits  of  said  City.  Jan* 
22,  1828.  -  38 

XXXVI.  An  Act,  to  authorise  the  Common  Council  of  the 
City  of  Richmond  to  cause  said  City  to  be  supplied 
with  Water  in  certain  cases,  and  to  impose  taxes  to 
defray  the  expense  thereof.  January  ii£>,  1829.  38 


Vi  CONTENTS — Ordinances  of  the  City. 

I.  An  Ordinance,  prescribing  an  Oath  of  Office,  of  a  Common 

Councilman.  July  19,  1827.  ,         41 

II.  An  Ordinance,  for  the  regulation  of  the  Streets,  Lanes  and 
Alleys  within  the  City  of  Richmond,  and  for  other 
purposes.  August  23,  1827.  -  42 

III.  An  Ordinance,  concerning  the  recovery  and  appropriation, 

of  certain  Fines  and  Penalties.  August  3 1,  1827.  4& 

IV.  An  Ordinance,  reducing  into  one  the  several  Ordinances, 

for  regulating  the  appointment  of  a  Weigh  Master,  and 
for  other  purposes.  -October  2,  1827.  48 

"V.  An  Ordinance',  reducing  into  one,  the  sev  eral  Ordinances, 
for  regulating  Weights  and  Measures,  and  providing  for 
the  sale  of  certain  Articles  by  Weight.  Oct.  13,  1827.  51 

VI.  An  Ordinance,  regulating  Wagons,  Drays  and  Carts,  Hack-   . 
ney  Coaches,  and  other  Carriages  for  Hire,  within  the 
City  of  Richmond.    December  5,   1827.  52 

VII.  An  Ordinance,  for  keeping  in  repair  the  Fountains  in  the 
Main  Street  of  the  City  of  Richmond,  and  for  other 
purposes.  November  16,  1827.  -  •  59 

VIII.  An  Ordinance,  for  the  Appointment  of  an  Inspector  and 
Guager  of  Spirits  .and  other  Liquids,  and  for  defining 
his  duties.  November  21,  1827.  -  60 

IX.  An  Ordinance,  fixing  the  Salary  of  the  Commonwealth's 

Attorney,  for  the  City  of  Richmond.  February  5,  1828     63 

X.  An  Ordinance,  for  the  Government  of  the  Powder  Magazine 

in  this  City,  and  for  other  purposes.  February  12,  1828.     63 

XI.  An  Ordinance,  prescribing  the  Duties,.and  Regulating  the     , 
Appointment  of  an. Assessor  and  of  a  Collector  for  the 
City  of  Richmond.   February  16,  1828.  66 

XII.  An  Ordinance,  for  regulating  the  Appointment  and  Duties 
of  the  Surveyor  of  the  City  of  Richmond.  February 
20,  1828.  -  .  -  73 

XIII.  An  Ordinance,  concerning  Theatres,  and  Public  Shows 

and  Exhibitions  within  the  City  of  Richmond.  Febru- 
ary 26,  1828.  -  -75 

XIV.  An  Ordinance,  reducing  into  one,  the  several  Ordinances, 

regulating  the  Appointment,  Duties  and  Salary  of  the 
Chamberlain  for  the  City  of  Richmond,  Treasurer  and 
Secretary  of  the  Sinking  Funcl;  and  Clerk  of  the  Com- 
mon Hall.  May  16,  1328..  -  7« 


CONTENTS — Ordinances  of  the  City.  vii 

XV.  An  Ordinance,  to  Regulate  the  Appointment  and  Duties 

of  Auctioneers  within  the  City  of  Richmond.  June  27, 

1828.  -  -  -     81 

XVI.  An  Ordinance,  concerning  the  City-Hall  of  the  City  of 

Richmond,  and  providing  for  the  improvement,  repair 
and  preservation  thereof.  December  8,  1828.  84 

XVII.  An  Ordinance,  to  amend  and  reduce  into  one,  the  several 
Ordinances  concerning  the  Public  Burrying  Places  in 
the  City  of  Richmond.  February  20,  1829.  86 

XVIII.  An  Ordinance,  concerning  Fires,  and  Fire  Companies. 

July  14,   1828.  -     91 

XIX.  An  Ordinance,  to  regulate  the  Fire  Department  of  the 

City  of  Richmond.  June  8,  1829.  94 

XX.  An  Ordinance,  providing  for  the  Watering  of  D  Street, 

from  llth  to  14th  Streets.   May  28,   1829.  95 

XXI.  An  Ordinance,  to  regulate  the  Manufacture  and  Sale  of 

Bread.  June  8,  1829.  -  -  101 

XXII.  An  Ordinance,  relating  to  the  Public  Square  in  the  City 

of  Richmond,  and  the  Yard  of  the  City  Hall.  March 
13,  1829.  -  -  102 

XXIII.  An    Ordinance,    repealing  part    of    "An   Ordinance, 

providing  for  the  Watering  of  D  Street,  from  llth  to 
14th  Streets,"    and  for  other  purposes.     June  18, 

1829.  -  -  104 

XXIV.  An  Ordinance,  reducing  into  one,  the  several  Ordinan- 

ces for  regulating  the  Public  Markets  in  the  City  of 
Richmond.  August  24,  1829.  -  -  105 

XXV.  An  Ordinance,  amending  an  Ordinance,  entitled,  "An 
Ordinance,  concerning  Theatres,  and  Public  Shows 
and  Exhibitions  within-  the  City  of  Richmond."  Janu- 
ary 11,  1830.  -  -  112 

XXVI.  An  Ordinance,  reducing  into  one,  the  several  Ordinances 
establishing  a  Regular  Police  in  the  City  of  Richmond, 
and  prescribing  the  duties  of  the  Mayor  of  the  said 
City;  and  for  regulating  the  appointment  and  prescrib- 
ing the  Duties  of  the  Night  Watch  thereof,  and  for 
other  purpose?.  May  10,  1830.  *  H3r 


viii  CONTENTS — Ordinances  of  the  City. 

XXVII.  An  Ordinance,  to  amend  an  Ordinance,  entitled; 
"An  Ordinance  reducing  into  one,  the  several  Ordi- 
nances for  Regulating  the  Public  Markets  in  the  City 
of  Richmond."  June  14,  1830.  -  12.1 

XXVIII.   An  Ordinance,  prescribing  the  time  for  paying  the 

Salary  of  the  City  Assessor.  June  14,   1830.  121 

-XXIX.  An  Ordinance,  to   prevent   Swine,  Dogs,  and    Goats 
runni'ng  at  large  in  the  City  of  Richmond.  June  25, ' 
1830.  -  122 

XXX.  An  Ordinance,  amending  an  Ordinance,  entitled,  "  An 
Ordinance,  concerning  Theatres  and  Public  Shows 
and  Exhibitions,  within  the  City  of  Richmond." 
December  13,-  1830.  -  -  126 

.XXXI.  An  Ordinance,  regulating  the  storage  of  Quick-lime 
within  the  City  of  Richmond.  January  10,  183}. 


ACTS    OF    ASSEMBLY, 

RELATING  TO  THE 


CHAPTER'  1..-.  :    :  :•/;••. :;.• : 

for  establishing   the    Town  of  Richmond,  in   the 
county  of  Henrico;  and  allowing  Fairs  to  be  kept  therein. 

[May,  1742.  Ch.  20.  5  Stat.  Lar.  191.] 

1.  FORASMUCH  as  it  hath  been  represented  to  this  Assembly, 
that  the  honourable  William  Byrd,  Esquire,  hath  lately  laid  out  a  par- 
cel of  his  lands,  at  the  falls  of  James  river,  in  the  county  of  Henrico, 
in  lots  and  streets,  for  a  town,  by  the  name  of  Richmond,  and  made 
sale  of  most  of  the  said  lots,  to  divers  persons,  who  have  since  settled 
and  built  thereon,  and  that  the  said  William  Byrd  intends  speedily  to 
lay  out  other  part  of  his  adjacent  lands,  into  lots,  and  streets,  to  be  ad- 
ded to  and  made  part  of  the  said  town;  and  is  willing  that  part  of  his 
lands,  situate  between  the  said  town  and  Shoccoe's  creek,  and  the 
river,  shall  remain  and  be,  as  and  for  a  common,  for  the  use  of  the  in- 
habitants of  the  said  town,  for  ever.  And  also,  that  the  said  town  lies 
very  convenient  for  trade  and   navigation,   being  at  the  uppermost 
landing  upon  the  river,  where  the  public  warehouses  are  built:  But, 
because  the  same  was  not  laid  out  and  erected  into  a  town,  by  act  of 
Assembly,  the  freeholders  and  inhabitants  thereof  will  not  be  entitled 
to  the  like  privileges  enjoyed  by  the  freeholders  and  inhabitants  of 
other  towns  in  this  colony: 

2.  Be  it  enacted,  by    the  Lieutenant  Governor,  Council,  and 
Burgesses,  of  this  present  General  Assembly,  and  it  is  hereby  en- 
acted, by  the  authority  of  the  same,  That  the  said  piece  or  parcel  of 
land,  lately  belonging,  or  now  belonging,  to  the  said  William  Byrd, 
Esq.  lying  and  being  at  the  falls  of  James  river,  on  the  north  side  of 
the  said  river,  in  the  county  of  Henrico  aforesaid,  be  and  is  hereby  con- 
stituted, appointed,  erected,  and  established,  a  town,  in  the  manner  it  is 
already  laid  out,  or  shall  be  laid  out,  by  the  said  William  Byrd,  in  lots, 
and  streets,  to  be  called  by  and  retain  the  name  of  Richmond:  And  that 
the  freeholders  of  the  said  town,  shall,  forever  hereafter,  enjoy  the 
same  rights  and  privileges,  which  the  freeholders  of  other  towns  erec- 
ted by  act  of  Assembly,  in  this  colony,  have  and  enjoy.   And  that  the 
said  William  Byrd,  and  his  heirs,  stand  seized  in  fee-simple,  of  the 
lands  lying  and  being  between,  the  present  southern  bounds  of  the  said 
vown,  and  the  river,  bounded  to  the  eastward  by  a  line,  to  be  run  a 
strait  course,  from  the  present  extreme,  bounds  of  the  said  town  t* 


2  Acts  of  Assembly. 

strike  the  river;  and  on  the  westward,  by  a  line,  to  be  run  from  the 
end  of  the  present  westward  street,  beyond  the  lot  numbered  [1]  a 
straight  course,  to  strike  Shoccoe's  creek,  thence  down  the  said  creek 
to  the  River,  and  then  by  the  river;  to  remain  and  be,  as  and  for  a 
common,  for  the  use  and  benefit  of  the  inhabitants  of  the  said  town, 
for  ever. 

3.  And  whereas  allowing  fairs  to  be  kept  in  the  said  town  of  Rich- 
mond, will  be  very  commodious  to  the  inhabitants  of  that  part  of  this 
colony,  Be  it  fart  her  enacted,  by  the  authority  aforesaid,  For  the 
future,  two-  fairs  sha!!  ^nd  may  be  annually  kept  and  held,  in  the  said 
town  of  Richmond,. on  the  second  Thursday  in  May,  and  the  second 
Thui'bdiu  in  November;  in  every  year;  each  to  continue  for  the  space 
of  two  days,  for  the  sale  and  vending  of  all  manner  of  cattle,  victuals, 
provisions,  goods,  wares  and  merchandises  whatsoever:  On  which  fair 
days, "and  on  two  days  next  before,  and  two  days  next  after  each  of 
the  said  fairs,  all  persons  coming  to,  being  at,  or  going  from  the  same, 
together  with  their  cattle,  goods,  wares,  and  merchandises,  shall  be  ex- 
empt and  privileged  from  all  arrests,  attachments,  and  executions, 
whatsoever,  except  for  capital  offences,  breaches  of  the  peace,  or  for 
any  controversies,  suits,  and  quarrels,  that  may  arise  and  happen,  du- 
ring the  said  time;  in  which  cases  process  may  be  immediately  issued, 
and  proceedings  thereupon  had,  in  the  same  manner  as  if  this  act  had 
never  been  made:  Any  thing  herein  before  contained,  or  any  law,  cus- 
tom, or  usage,  to  the  contrary  thereof,  in  any  wise,  notwithstanding. 

4.  Provided  always.  That  nothing  herein  contained,  shall  be  con- 
strued, deemed,  or  taken,  to  derogate  from,  alter,  or  infringe  the  roial 
power  and  prerogative,  of  his  majesty,  his  heirs,  or  successors,   of 
granting  to  any  person  or  persons,   body  corporate  or  politick,  the 
privilege  of  holding  fairs  or  markets,  in  such  manner,  as  he  or  they, 
by  his  or  their  roial  letters  patent,  or  by  his  or  their  instructions  to 
the  governor,  or  commander  in  chief,  of  this  dominion,  for  the  time 
being,  shall  think  fit. 

5.  Jlnd  be  it  further  enacted,  by  the  authority  aforesaid,  That 
this  act,  as  to  so  much  thereof  as  relates  to  the  holding  fairs  in  the  said 
town  of  Richmond,  shall  continue  and  be  in  force  four  years,  from  the 
passing  thereof,  and  from  thence  to  the  end  of  the  next  session  of  As 
sembly;  and  no  longer. 


CHAP.  II. 

•An  Jlct,  to  prevent  the  building  and  repairing  wooden  chim 
nies,  in  the  town  of  Richmond. 

[Sept.  1744,  Ch.  34,  5  Stat.  Lar.  274.] 

1.  FORASMUCH  as  it  hath  been  represented  to  this  Assembly,  by 
the  inhabitants  of  the  town  of  Richmond,  in  the  county  of  Henrico; 
that  they  are  often  in  great  and  imminent  danger  of  having  their  hous- 
es and  effects  burnt  and  consumed,  by  reason  of  many  wooden  chim- 
:n  the  said  to\vn* 


Jlcts  of  Assembly. 

2.  Be  it  therefore  enacted,  by  the  Lieut enant-Gouer nor,  Council 
and  Burgesses,  of  this  present  General  Assembly,  and  it  is  hereby 
enacted  by  the  authority  of  the  sa?ne,  That  it  shall  not,  hereafter,  be 
lawful  for  any  person  whatsoever,  to  erect  or  build,  or  cause  to  be 
erected  or  built,  in  the  said  town,  any  wooden  chimney;  neither  shall 
it  be  lawful  for  any  person  whatsoever  after  the  expiation  of  three 
years,  after  the  passing  of  this  act,  to  make  use  of  any  wooden  chim- 
ney already  erected  in  the  said  town:  And  the  owners  or  proprietors 
of  all  such  wooden  chimnies  as  now  are  in  the  said  town,  shall,  before 
the  expiration  of  the  time .  aforesaid,  wholly  destroy  and  disuse  the 
same,  or  cause  them  to  be  pulled  down;  otherwise  it  shall  be  lawful 
for  the  sheriff  of  the  said  county  of  Henrico,  and  he  is  hereby  re- 
quired to  cause  all  such  wooden  chimnies  to  be  pulled  down  and  de- 
molished: And  in  like  manner  it  shall  be  lawful  for  the  said  sheriffs, 
and  they  are  hereby  required  to  cause  to  be  pulled  down  and  demoi 
ished,  all  other  wooden  chimnies,  which  shall  be  built  and  erected  in 
the  said  down,  in  breach  of  this  act. 


CHAP.  III. 

An  Jlct ,  for  appoint  ing  Trustees  for  the  towns  of  Richmond 

and  Falmouth. 

[February,  1752,  Ch.  34,   6  Stat  Larg.  281.] 

1.  WHEREAS  the  inhabitants  of  the  town  of  Richmond,  in  the 
county  of  Henrico,  have  represented  to  this  present  General  Assem- 
bly, that  they  labour  under  great  inconveniences,  for  want  of  trustees 
to  lay  off  and  regulate  the  streets,  and  to  settle  the  bounds  of  the  lots 
in  the  said  town: 

2.  Be  it  therefore  enacted,  by  the  Lieutenant  Governor,  Conn* 
cil,  and  Burgesses,  of  this  present  General  Assembly  9  and  it  is 
hereby  enacted,  by  the  authority  of  the  same,  That  from  and  after 
the  passing  of  this  act,  the  honourable  Peter  Randolph,  Esq.  Wil- 
liam Byrd,  Esq.  William   Randolph,   Bowler  Cocke,  the  younger, 
Richard  Randolph,  Thomas  Atchison,  Samuel  Gleadowe,  Samuel  i)u- 
Val,  and  John  Pleasants,   Gentlemen,  be  constituted  and  appointed 
trustees  for  the  said  town;  and  they,  or  any  five  or  more  of  them,  are 
hereby  authorised  and  impowered,  from  time  to  time,  and  at  all  times 
hereafter,  to  lay  off  and  regulate  the  streets  of  the  said  town,  and  to 
settle  and  determine  all  disputes  concerning  the  bounds  of  the  lots  of 
the  said  town,  and  to  settle  and  establish  such  rules  and  orders,  for  the 
more  regular  and  orderly  building  of  the  houses  in  the  .said  town,  as 
to  them  shall  seem  best  and  most  convenient. 

3.  rfnd  be  it  further  enacted,  by  the  authority  aforesaid,  That 
in  case  of  the  death,  removal  out  of  the  country,  or  other  legal  disa- 
bility of  any  one  or  more  of  the  trustees  before  named,  it  shall  and 
may  be  lawful  for  the  surviving  or  remaining  trustees,  from  time  to 
time,  to  elect  and  choose  so  many  other  persons,  in  the  room  of  those 


4  &cts  of  ^Assembly. 

so  dead  or  removed,  as  shall  make  up  the  number  of  nine,  which  trus- 
tees so  chosen  shall  be,  to  all  intents  and  purposes,  vested  with  the  same 
power  as  any  other  in  this  act  particularly  nominated  and  appointed. 


CHAP.    IV. 

An  Act,  for  establishing  towns  at  Rocky  Ridge,  Gloucester 
court-house,  and  Laytorts  warehouse,  and  for  other  pur- 
poses therein  mentioned. 

[November,  1769,  Ch.  60,  8  Stat.  Lar.  421.] 

2.  And  be  if  further  enacted,  by  the  authority  aforesaid,  That 
the  said  piece  or  parcel  of  land,  at  Shoccoes  aforesaid,  on  the  north 
aide  of  the  falls  of  James  river,  in  the  county  of  Henrico  aforesaid, 
be  added  to  and  made  part  of  the  said  town  of  Richmond ;  and  that 
the  freeholders  and  inhabitants  thereof  shall  be  intitlecl  to  and  enjoy 
all  the  rights  and  privileges  granted  to  and  enjoyed  by  the  freeholders 
and  inhabitants  of  the  town  of  Richmond,  and  be  subjected  to  the 
same  rules  and  restrictions. 

5.  And  whereas  there  are  five  tenements  in  the  town  of  Manches- 
ter, and  six  adjoining  the  said  town  of  Richmond,  \vhich  are  included 
in  the  surveys  of  the  said  towns;  and  are  part  of  the  same,  which- are 
vacant  lands,  and  were  allotted  to  sundry  tenements  known  by  the 
names  of  Lyle's,  Buchanan's,  Stuart's,  Gun's,  and  Todd's,  in  the 
town  of  Manchester,  and  M'Pherson's,  Coutt's,  Ross's,  James  Bucha- 
nan's, McDowell's,  and  Younghusband's,  adjoining  to  the  town  of  Rich- 
mond, and  it  may  be  of  advantage  to  the  proprietors  of  the  said  tene- 
ments to  lay  off  the  s.ame  into  half  acres:  Be  it  enacted,  by  the  au- 
thority aforesaid,  That  if,  at  any  time  hereafter,  the  proprietors  of 
the  said  tenements  shall  lay  off  the  said  vacant  tenements  into  lots  and 
streets,  agreeable  to  the  other  streets  and  lots  in  the  said  towns,  in 
manner  before  directed,  in  that  case  the  owner  or  owners  of  such  half 
acre  lots  shall  be  intitled  to  the  same  privileges,  and  subject  to  the 
game  rules  and  regulations,  as  the  other  freeholders  of  the  said  towns 
are  and  shall  be. 


CHAP.   V. 

Jin  Jlct,  to  establish  and  enlarge  the  poicer  of  the  trustees  of 
the  town  of  Richmond,  in  the  county  of  Henrico,  and  for 
other  purposes. 

[March,  1773,  Ch.  6,  8  Stat.  Lar.  65.5.] 

1.  WHEREAS  it  hath  been  represented  to  this  present  General 
Assembly,  by  the  inhabitants  of  the  town  of  Richmond,  in  the  county 
of  Heririco,  that  only  three  of  the  trustees  appointed  by  act  of 


Jlcis  of  Assembly. 

j\>sembly  for  the  said  town  are  now  living,  that  the  legality  of  the 
election  of  the  other  trustees  hath  been  questioned,  and  that  it  is 
necessary  to  establish  and  enlarge  the  power  of  the  trustees  of  the  said 
town:  Be  it  enacted,  by  the  Governor,  Council,  and  Burgesses,  of 
this  present  General  Assembly,  and  it  is  hereby  enacted,  by  the 
authority  of  the  same,  That  from  and  after  the  passing  of  this  act, 
the  honourable  William  Byrd,  Esquire,  Richard  Randolph,  Samuel 
Du-Val,  Richard  Adams,  'Robert  Brown,  George  Donald,  Turner 
SouthalJ,  Patrick  Coutts,  Archibald  Bryce,  William  Randolph,  and 
James  Buchanan,  Gentlemen,  be  and  they  and  every  of  them  are  here- 
by constituted  directors  and  trustees  for  building,  carrying  on,  and 
maintaining  said  town;  and  they,  or  any  six  of  them,  shall  have  pow- 
er to  meet  as  often  as  they  shall  think  necessary  for  appointing  a  pub- 
lic quay,  and  such  places  upon  the  river  for  public  landings  as  they 
shall  think  most  convenient,  and  if  the  same  shall  be  necessary,  shall 
direct  the  making  of  wharfs  and  cranes  at  such  public  landings  for  th« 
public  use. 

2.  Jlnd  be  it  further  enacted,  by  the  authority  aforesaid,  That 
the  said  directors  shall  have  full  power  and  authority  to  establish  such 
rules  and  orders  for  the  more  regular  placing  the  said  houses  as  to 
them  shall  seem  fit  from  time  to  time;  and  if  the  inhabitants  of  the 
s:iid  town  shall  fail  to  obey  and  pursue  the  rules  and  orders  of  the  said 
directors  in  repairing  and  amending  the  streets,  landings,  and  wharfs, 
they  shall  be  liable  to  the  same  penalties  as  are  inflicted  for  not  repair- 
ing the  highways  is  this  colony. 

3.  And  for  continuing  the  succession  of  the  said  trustees  and  direc- 
tors, Be  it  further  enacted,  by  the  authority  aforesaid,  That  in  case 
of  the  death  of  any  of  the  said  directors,  or  their  removal,  or  refusal 
to  act,  the  surviving  or  other  directors,  or  the  major  part  of  them, 
shall  assemble,   and  are  hereby  impowered,  from  time  to  time,  by 
instrument  in  writing,   under  their  respective  hands    and   seals,   to 
nominate  some  other  person  or  persons,  being  a  freeholder  of  the  said 
f  rwn,  in  the  place  of  him  or  them  so  dying,  removing,  or  refusing, 
which  new  director  or  directors,  so  nominated  and  appointed,   shall, 
from  thenceforth,   have  the  like  power  and  authority  in  all  things 
relating  to  the  matters  herein  contained,  as  if  he  or  they  had  been 
expressly  named  and  appointed  in  and  by  this  act;  and  every  such 
instrument  and  nomination  shall,  from  time  to  time,  be  entered  ni.d 
registered  in  the  books  of  the  said  directors. 

•  4.  iflnd  be  it  further  enacted,  by  the  authority  aforesaid,  That 
it  shall  not  be  lawful  for  any  person  whatsoever  to  erect  or  build,  or 
cause  to  be  erected  or  built,  in  the  vsaid  town,  any  wooden  chimney; 
and  if  any  person  shall  presume  to  erect  or  build  any  wooden  chimney, 
contrary  to  the  directions  of  this  act,  it  shall  and  may  be  lawful  for  the 
sheriff  of  the  said  county,  and  he  is  hereby  required  to  cause  such 
chimney  to  be  pulled  down  and  demolished. 

5.  And  whereas  it  is  represented  to  this  Assembly  that  great  num- 
bers of  hogs  and  goats  are  raised  and  suffered  to  go  at  large  in  tha 
said  town  of  Richmond,  to  the  great  prejudice  of  the  inhabitant's 
thereof:  Be  it  further  enacted,  by  the  authority  aforesaid,  That; 


6  Jlcts  of  Assembly. 

from  and  after  the  twentieth  day  of  January  next,  it  shall  not  be  law- 
ful for  any  person  or  persons,  inhabiting  within  the  said  town,  to  raise 
or  keep  any  swine  or  goats  within  the  limits  thereof,  and  suffer  the  same 
to  go  at  large  therein;  and  if  any  swine  or  goats  so  raised  or  kept 
shall  be  found  going  or  running  at  large  within  the  said  town,  it  shall 
and  may  be  lawful  for  any  person  to  kill  and  destroy  the  same.  Pro- 
vided always,  that  such  person  shall  not  convert  any  such  swine  or 
goat  to  his  or  her  own  use,  but  shall  leave  the  same  in  the  place 
where  it  shall  be  killed,  and  give  immediate  notice  to  the  owner 
thereof,  if  known,  and  if  not,  then  such  person  shall  immediately  in- 
form the  next  Justice  of  the  Peace  thereof,  wjio  may  order  the  same 
to  the  use  of  any  poor  person  or  persons,  he  shall  think  fit. 

6.  And  whereas  so  much  of  the  act  of  Assembly,  made  in  the  fif- 
teenth year  of  the  reign  of  his  late  majesty  king  George  the  second, 
intituled,  An  act  for  establishing  the  town  of  Richmond,  in  the  coun- 
ty of  Henrico,  and  allowing  fairs  to  be  kept  therein,  as  relates  to  hold- 
ing fairs,  is  long  since  expired,  and  the  same,  if  revived,  may  be  a 
means  of  increasing  the  trade  of  the  said  town:  Be  it  therefore  fur- 
ther enacted,  by  the  authority  aforesaid,  That  so  much  of  the  said 
recited  act  as  relates  to  the  holding  fairs  in  the  said  town  of  Rich- 
mond, shall  be  and  is  hereby  revived,  and  shall  continue  and  be  in 
force,  from  and  after  the  passing  of  this  act,  for  and  during  the  term 
of  seven  years,  snd  from  thence  to  the  end  of  the  next  session  of 
Assembly, 


CHAP.  VI. 

Jin  Jlct,  for  the  removal  of  the  Seat  of  Government. 
[May,  1779,  ch.  21,  10  Stat.  Larg.  85.] 

1.  WHEREAS  great  numbers  of  the  inhabitants  of  this  Common- 
wealth must  frequently  and  of  necessity  resort  to  the  seat  of  govern- 
ment where  general  assemblies  are  convened,  superior  courts  are  held, 
and  the  Governour  and  Council  usually  transact  the  executive  business 
of  government ;  and  the  equal  rights  of  all  the  said,  inhabitants  require 
that  such  seat  of  government  should  be  as  nearly  central  to  all  as  may 
be,  having  regard  only  to  navigation,  the  benefits  of  which  are  neces- 
sary for  promoting  the  growth  of  a  town  sufficient  for  the  accommo- 
dation of  those  who  resort  thereto,  and  able  to  aid  the  operations  of 
government:  And  it  has  been  also  found  inconvenient  in  the  course 
of  the  present  war,  where  scats  of  government  have  been  so  situated 
as  to  be  exposed  to  the  insults  and  injuries  of  the  publick  enemy, 
"which  dangers  may  be  avoided  and  equal  justice  done  to  all  the  citi- 
zens of  this  Commonwealth  by  removing  the  seat  of  government  to  the 
town  of  Richmond,  in  the  county  of  Henrico,  which  is  more  safe  and 
central  than  any  other  town  situated  on  navigable  water :  Be  it  there- 
fore enacted  by  the  General  Assembly,  That  six  whole  squares  of 
ground  surrounded  each  of  them  by  four  street?,  and  containing  all  the 


of  ^Assembly.  V 

ground  within  such  streets,  situate  in  the  said  town  of  Richmond,  and 
on  an  open  and  airy  part  thereof,  shall  be  appropriated  to  the  use  and 
purpose  of  publick  buildings  :  On  one  of  the  said  squares  shall  be 
erected,  one  house  for  the  use  of  the  General  Assembly,  to  be  called  the 
Capitol,  which  said  Capitol  shall  contain  two  apartments  for  the  use  of 
the  Senate  and  their  clerk,  two  others  for  the  use  of  the  House  of  Dele- 
gates and  their  clerk,  and  others  for  the  purposes  of  conferences,  com- 
mittees and  a  lobby,  of  such  forms  and  dimensions  as  shall  be  adopted 
to  their  respective  purposes  :  On  one  other  of  the  said  squares  shall  be 
erected,  another  building  to  be  called  the  Halls  of  Justice,  which  shall 
contain  two  apartments  for  the  use  of  the  Court  of  Appeals  and  its  clerk, 
two  others  for  the  use  of  the  High  Court  of  Chancery  and  its  clerk,  two 
others  for  the  use  of  the  General  Court  and  its  clerk,  two  others  for  the 
use  of  the  Court  of  Admiralty  and  its  clerk,  and  others  for  the  uses  of 
g;rand  and  petty  juries,  of  such  forms  and  dimensions  as  shall  be  adopt- 
ed to  their  respective  purposes;  and  on  the  same  square  last  mentioned 
shall  be  built  a  publick  jail:  One  other  of  the  said  squares  shall  be  re- 
served for  the  purpose  of  building  thereon  hereafter,  a  house  for  the 
several  executive  boards  and  offices  to  be  held  in:  Two  others  with 
the  intervening  street,  shall  be  reserved  for  the  use  of  the  Governour 
of  this  Commonwealth  for  the  time  being,  and  the  remaining  square 
shall  be  appropriated  to  the  use  of  the  publick  market.  The  said  houses 
shall  be  built  in  a  handsome  manner  with  walls  of  brick  or  stone,  and 
porticoes  where  the  same  may  be  convenient  or  ornamental,  and  with 
pillars  and  pavements  of  stone.  There  shall  be  appointed  by  joint  bal- 
lot of  both  houses  of  assembly,  five  persons  to  be  called  the  directors 
of  the  publick  buildings,  who,  or  any  three  of  them  shall  have  power 
to  make  choice  of  such  squares  of  ground,  situate  as  before  directed, 
as  shall  be  most  proper  and  convenient  for  the  said  publick  purposes, 
to  agree  on  plans  for  the  said  buildings,  to  employ  proper  workmen 
to  erect  the  same,  to  superintend  them,  to  procure  necessary  materials 
by  themselves  or  by  the  board  of  trade,  and  to  draw  on  the  treasurer 
of  this  Commonwealth,  from  time  to  time,  for  such  sums  of  money  as 
shall  be  wanting;  the  plans  and  estates  of  _  which  shall  be  submitted 
to  the  two  houses  of  assembly  wSSgsoevef  called  for  by  their  joint 
vote,  and  shall  be  subjected  to  their  controul.  And  that  reasonable  sa- 
tisfaction may  be  paid  and  allowed  for  all  such  lets  of  grourrd  as  by 
virtue  of  this  act  may  be  taken  and  appropriated  to  the  uses  aforesaid, 
the  clerk  of  the  county  of  Henrico,  is  hereby  empowered  and  requir- 
ed on  requisition  from  the  said  directors,  to  issue  a  writ  in  nature  of  a 
writ  of  ad  quod  dammtm,  to  be  directed  to  the  sheriff  of  the  said 
county,  commanding  him  to  summon  and  empannel  twelve  able  dis- 
creet freeholders  of  the  vicinage  no  ways  concerned  in  interest  in  the 
said  lots  of  land?  nor  related  to  the  owners  or  proprietors  thereof, 
to  meet  on  the  said  lots  on  a  certain  day  to  be  named  in  the  said  writ> 
not  under  five  nor  more  than  ten  days  from  the  date  thereof,  of  which 
notice  shall  be  given  by  the  sheriff  to  the  proprietors  and  tenants  of 
the  said  lots  of  land  if  they  be  to  be  found  within  the  county, 


not,  then  to  their  agents  therein  if  any  they  have,  which 

taking  nothing  on  pain  of  being  discharged  from  the  inquest  antTini- 


3  Acts  of  Assembly, 

mediately  imprisoned  by  the  sheriff,  either  of  meat  or  drink  from  any 
person  whatever  from  the  time  they  came  to  the  said  place  until  their 
inquest  sealed  shall  be  charged  by  the  said  sheriff  impartially,  and  to 
the  best  of  their  skill  and  judgment  to  value  the  said  lots  of  ground  in 
so  many  several  and  distinct  parcels  as  shall  be  owned  and  held  by 
several  and  distinct  owners  and  tenants,  and  according  to  their  respec- 
tive interest  and  estates  therein;  and  if  the  said  valuation  cannot  be 
completed  in  one  day,  then  the  said  sheriff  shall  adjourn  the  said  jurors 
from  day  to  day  until  the  same  be  completed ;  and  after  such  valuation 
made,  the  said  sheriff  shall  forthwith  return  the  same  under  the  hands 
and  seals  of  the  said  jurors  to  the  clerk's  office  of  the  said  county,  and 
the  right  and  property  of  the  said  owners  and  tenants  in  the  said  lots 
of  land,  shall  be  immediately  divested  and  be  transferred  to  this  com- 
monwealth in  the  full  and  absolute  dominion,  any  want  of  consent  or 
disability  to  consent  in  the  said  owners  and  tenants  notwithstanding. 
The  cost  of  the  said  inquest  and  the  several  sums  at  which  the  rights 
of  the  owners  and  tenants  are  valued,  shall  be  paid  by  the  treasurer  to 
the  said  owners,  tenants,  and  others  entitled  respectively,  on  warrant 
from  the  auditors. 

2.  And  whereas  it  may  be  expedient  to  enlarge  the  said  town  of 
Richmond,  by  laying  off  a  number  of  lots  to  be  added  thereto,  and  it 
may  also  happen  that  some  of  the  lands  adjacent  to  the  said  town  may 
be  more  convenient  for  the  publick  uses :   Be  it  therefore  enacted, 
That  the  said  directors  cause  two  hundred  additional  lots  or  half  acres, 
with  necessary  streets  to  be  laid  off  adjacent  to  such  parts  of  the  said 
town  as  to  them  shall  seem  most  convenient,  and  they  shall  also  be  at 
liberty  to  appropriate  the  six  squares  aforesaid,  or  any  part  of  them, 
either  from  among  the  lots  now  in  the  said  town,  or  those  to  be  laid 
off  as  before  directed,  or  of  the  lands  adjacent  to  the  said  former  or 
latter  lots,  and  the  said  six  squares  and  two  hundred  lots  shall  thence- 
forth be  a  part  of  the  said  town.    And  the  said  directors  shall  return 
into  the  clerk's  office  of  the  said  county  of  Henrico,  there  to  be  re- 
corded a  full  and  distinct  report  under  their  hands  and  seals  of  the  lots 
and  squares  of  land  added  by  them  to  the  said  town,  or  appropriated 
to  the  publick  uses,  together  with  the  plan  thereof.   The  rights  of  the 
several  owners  and  tenants  of  the  lots  of  land  so  to  be  added  to  the 
town  and  not  appropriated  to  the  publick  uses,  are  nevertheless  saved 
to  them. 

3.  But  whereas  from  the  great  expence  attending  the  just  and  ne- 
cessary war  this  Commonwealth  is  at  present  engaged  in,  the  difficul- 
ties of  procuring  the  materials  for  building,  and  the  high  price  for  la- 
bour, it  will  be  burthensomc  to  the  inhabitants  if  the  said  publick 
buildings  be  immediately  erected:  Be  it  therefore  enacted,  That  the 
directors  aforesaid  shall,  with  all  convenient  speed,  cause  to  be  erected 
or  otherwise  provide  some  proper  and  temporary  buildings  for  the  sit- 
tino;  of  the  General  Assembly,  the  Courts  of  Justice,  and  the  several 
boards  before  described. 

4.  And  whereas  the  present  jail  of  the  county  of  Henrico,  now  with- 
in the  said  town  of  Richmond,  if  enlarged  may  be  made  sufficient  for  a 
publick  jai]  until  a  more  commodious  one  can  be  built:  the  suicl  direc- 


Jlcts  of  Assembly.  9 

tors  are  hereby  empowered  to  enlarge  the  same.  Provided  nevertheless, 
there  shall  not  be  drawn  out  of  the  publick  treasury  for  any  or  all  the 
said  purposes  a  sum  exceeding  twenty  thousand  pounds;  and  the  direc- 
tors aforesaid  are  hereby  prohibited  from  making  any  contracts  for  erect- 
ing any  of  the  publick  buildings  described  by  this  act  to  be  built  on  any 
of  the  squares  appropriated  -for  publick  use,  fixing  on  the  squares  or 
laying  off  the  additional  lots  until  further  provision  shall  be  made  for 
the  same  by  the  General  Assembly.  Jlnd  be  it  farther  enacted,  That 
from  and  after  the  last  day  of  April  which  shall  be  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  eighty,  the  said  Court  of  Ap- 
peals, High  Court  of  Chancery,  General  Court,  and  Court  of  Admi- 
ralty shall  hold  their  sessions  in  the  apartments  prepared  for  them  by 
the  said  directors;  that  the  first  meeting  of  the  General  Assembly  af- 
ter the  same  day  shall  be  in  such  house  or  houses  as  shall  be  provided 
by  the  said  directors;  that  the  Clerks  of  the  two  Houses  of  Assembly 
and  of  the  several  .Courts  before  mentioned,  shall  previously  cause  to 
be  removed  thither  at  the  publick  expence,  the  records,  papers,  and 
other  things  belonging  to  their  respective  offices;  and  that  the  keeper 
of  the  .publick  jail  shall  in  like  manner  cause  all  prisoners  in  his  custo- 
dy to  be  removed  to  the  publick  jail  so  to  be  built  as  before  directed, 
which  shall  thenceforward  be  deemed  and  used  as  the  publick  jail  spo- 
Itcn  of  by  the.  laws  whether  heretofore  or  hereafter  passed. 


CHAP.  VII. 

$n  Act,  for  locating  the  Publick  Squares,  to  enlarge  the  Town 
of  Richmond,  and  for  other  purposes. 

[May,  1780,  Ch.  37.    10  Stat.  IJfp317.] 

BE  it  enacted  by  the  General  Assembly ,  That  the  ground  to  be 
appropriated  to  the  purpose  of  building  thereon  a  Capitol,  Halls  of  Jus- 
tice, State  House  for  the  Executive  boards,  and  an  house  for  the  Gov- 
ernour,  shall  be  located  on  Shockoe  hill;  and  those  to  be  appropriated 
to  the  use  of  the  publick  market,  shall  be  below  the  said  hill,  on  the 
same  side  of  Shockoe  creek;  which  location  shall  be  made  immedi- 
ately; and  where  the  nature  of  the  ground  shall  render  other  form 
more  eligible  for  the  said  uses  than  a  square,  it  shall  be  lawful  for  his 
excellency  Thomas  Jefferson,  Esquire,  Archibald  Cary,  Robert  Carter 
Nicholas,  Richard  Adams,  Edmund  Randolph,  Turner  Southall,  Ro- 
bert Goode,  James  Buchanan,  and  Samuel  Dq-Vall,  Esquires,  directors, 
or  a  majority  of  them,  to  lay  off  in  such  form,  and  of  such  dimensions 
as  shall  be  convenient  and  requisite.  The  said  directors  shall  cause  the 
several  tenements  of  irregular  shape  and  size  included  within  the 
limits  of  the  town  of  Richmond,  to  be  laid  off  into  regular  squares 
with  intervening  streets  at  such  intervals  as  in  the  other  parts  of  the 
town,  unless  by  varying  the  said  intervals  more  favorable  ascents  may 
ho  procured  up  the  hill.  They  shall  cause  all  the  streets  on  Shockoe 
hill  to  be  enlargened  to  a  breadth,  not  less  than  eighty,  or  more  than 
sue  hundred  and  twenty  feet,  of  wbirb  breadth  also  shall  be  such  new 


10  Jlcts  of  Assembly. 

streets  as  shall  be  laid  off  below  the  hill  as  before  directed;  and  where-' 
by  such  enlargement  or  laying  off  new  streets,  or  from  any  other  cir- 
cumstances, any  house  already  erected  shall  happen  to  be  in  a  street, 
it  shall  be  lawful  for  the  said  house  to  be  continued  twenty  years,  and 
no  longer.  They  shall  also  lay  off,  in  the  most  easy  direction,  whe- 
ther straight  or  curved,  so  many  streets  for  ascending  and  traversing 
with  facility,  the  several  hills  in  the  said  town  as  may  be  thought  ae- 
ecssary  in  any  supposed  state  of  future  increase  and  population,  and  at 
such  intervals  as  shall  be  convenient',  making  them  to  communicate 
with  the  streets  above  the  brow,  and  below  the  foot  .of  each  hill.  The 
injury  which  individuals  shall  sustain  by  opening  new  streets  through 
their  lots,  and  the  expense  of  laying  off  and  marking  the  said  streets, 
shall  be  estimated  by  a  jury,  on  a  writ  of  ad  quod  damnum,  in  like 
manner  as  directed  by  an  act,  entitled  "An  act,  for  the  removal  of  the 
seat  of  government,"  for  estimating  the  ground  to  be  taken  for  the 
publick  buildings;  and  shall  be  assessed  by  the  directors  on  the  seve- 
ral land  holders  within  the  said  town,  in  proportion  to  the  value  of 
their  respective  lots,  which  assessments  shall  be  delivered  to  the  She- 
riff of  the  county  of  Henrico,  and  shall  be  by  him  collected  and  paid 
to  the  several  claimants  in  like  manner,  under  the  like  penalties,  and 
subject  to  the  like  remedies  as  are  provided  by  law  for  collecting  and 
paying  the  public  taxes;  and  where  the  owner  of  any  lot  shall  be  not 
known,  or  not  found,  the  Sheriff  shall  levy  the  assessment  on  the  said 
lot  by  sale  of  so  much  thereof  as  shall  be  necessary,  offering  the  same 
by  publick  vendue,  on  advertising  the  same  three  weeks  in  the  Virgi- 
nia Gazette,  to  him  who  will  give  the  money  required  for  the  smallest 
proportion  of  the  said  lot,  i-n  such  part  thereof  as  the  said  Sheriff  shall 
designate,  and  his  deed  of  conveyance  to  the  purchaser  shall  operate 
as  effectually  in  law  for  conveying  the  fee  simple  estate,  as  if  the  same 
were  executed  by  the  legal  proprietor  or  proprietors. 

And  Whereas  it  may  be  expedient  to  enlarge  the  said  Town  of  Rich- 
mond by  laying  off  a  number  of  lots  to  be  added  thereto-;  and  it  may 
also  happen  that  some  of  the  lands  adjacent  to  the  said  Town  may  be 
more  convenient  for  the  publick  uses,  Be  it  therefore  enacted,  That 
'he  said  directors,  if  it  be  found  expedient,  shall  cause  two  hundred 
additional  lots  or  half  acres,  with  necessary  streets,  properly  arranged, 
to  be  laid  off  adjacent  to  such  parts  of-the  town  as  shall  seem  most  con- 
venient; and  they  shall  be  at  liberty  to  appropriate  the  six  squares 
aforesaid,  or  any  part  of  them,  either  from  among  the  lots  now  in  the 
said  town,  or  those  to  be  laid  off  as  before  directed,  or  of  the  land  ad- 
jacent to  the  former  or  latter  lots;  and  the  said  six  squares  and  two 
"hundred  lots  shall  thenceforth  be  a  part  of  the  said  town;  the  rights  of 
the  several  owners  and  tenants  of  the  lots  of  land  so  to  be  added  to  the 
town,  and  not  appropriated  to  the  publick  uses,  are  nevertheless  saved 
to  themselves.  And  whereas  the  navigation  leading  to  Shockoe  land- 
ing is  much  obstructed 'of  late  by  freshes,  and  by  the  natural  course 
of  Shockoe  Creek  being  altered,  by  which,  large  banks  of  sand  have 
been  thrown  up,  which,  if  not  quickly  removed,  may  render  the 
navigation  to  the  upper  landing  useless,  to  the  great  damage  of  the 
Town  of  Richmond,  as  well  as  to  the  back  inhabitants.  And  whereas 


jlcts  of  Assembly.  II 

^t  has  been  represented  that  a  sufficient  sum  of  money  will  be  sub- 
scribed to  open  the  said  navigation,  either  by  turning  the  water  of 
Shockoe  Creek  into  its  old  channel,  or  by  clearing  the  present  chan- 
nel to  the  Warehouse  Landing,  which,  if  effected,  will  be  greatly  bene- 
ficial to  the  inhabitants  of  the  said  town,  as  well  as  to  the  community 
at  large;  JBe  it  therefore  enacted,  That  the  directors  aforesaid  shall 
be  at  liberty  to  open  subscriptions  for  the  above  purpose,  and  the  mo- 
ney so  raised  shall  be  by  them  laid  out  in  such  manner  as  in  their 
judgment  shall  improve  the  said  navigation,  cither  by  opening  the  old 
channel  of  the  Creek  by  bringing  a  greater  quantity  of  water  into  thai, 
or  the  present  channel,  or  by  such  other  ways  as  may  best  answer  the 
intention  of  the  subscribers,  and  benefit  the  publick. 


CHAP.  VIII. 

.  to  secure  to  persons  ivho  derive  titles  to  Lots,  Lands  cr 
Tenements  under  the  Lottery,  or  under  a  J}eed  of  Trust  of 
the  late  William  Byrd,  Esquire,  a  fee  simple  estate  therein. 

[November  1781,  Ch.  G.    10  Stat.  Larg.  446.] 

1.  WHEREAS  there  are  divers  persons  possessed  of  lots  in  the 
towns  of  Richmond  and  Manchester,  and  of  lands  and  tenements 
contiguous  thereto,  who  derive  titles  to  the  same  under  the  Lottery 
of  the  late  William  Byrd,  Esquire,  whereof  John  Robinson,  Peter 
Randolph,  Peyton  Randolph,  Presley  Thornton,  John  Page,  Charles 
Carter,  and  Charles  Turnbull,  Esquires,  were  appointed  managers  and 
trustees;  and  other  persons  are  possessed  of  lands  and  tenements,  who 
purchased  and  derived  titles  to  the  same,  under  a  Deed  of  Trust,  bear- 
ing date  the  eighteenth  day  of  December,  one  thousand  seven  hundred 
and  fifty-six,  made  and  executed  by  the  said  William  Byrd,  Esquire, 
to  the  said  John  Robinson,  Peter  Randolph,  Peyton  Randolph,  Pres- 
ley Thornton,  John  Page,  Charles  Carter,  and  Charles  Turnbull,  Es- 
quires, for  the  purpose  of  paying  his,  the  said  William  Byrd's  debts, 
which  said  Deed  of  Trust  is  recorded  in  the  General  Court  of  this  Com- 
monwealth.   And  whereas  by  the  deaths  of  the  said  William  Byrd, 
John  Robinson,  Peter  Randolph,  Peyton  Randolph,  Presley  Thorn- 
ton, and  John  Page,  Esquires,  there  are  not  now  living  a  sufficient 
number  of  the  said  trustees  to  execute  proper  deeds  of  conveyance  for 
the  said  lots,  lands  and  tenements  to  the  purchasers  thereof,  whereby 
the  several  proprietors  are  discouraged  from  improving  the  same:  For 
remedy  whereof, 

2.  Be  it  enacted  by  the  General  Assembly  >  That  the  said  Charles 
Carter,  Esquire,  the  only  acting  surviving  trustee  of  the  said  William 
Byrd,  be,  and  he  is  hereby  empowered  and  required,  upon  the  appli- 
cation and  at  the  costs  and  charges  of  the  said  purchasers,  to  execute 
deeds  of  conveyance  in  fee  simple  for  the  aforesaid  lots,  lands  and 
tenements  to  the  respective  purchasers  thereof,  which  said  deeds  so 
to  be  executed  shall  be  as  good  and  effectual  in  law  for  conveying  the 


12  Jlcts  of  Assembly 

right  to  the  said  lots,  lands  and  tenements,  and  to  every  of  them,  as 
though  the  same  had  been  made  and  executed  by  a  majority  of  the 
aforesaid  trustees:  Provided  nevertheless.  That  nothing  in  this  act 
contained  shall  be  construed  to  alter  or  affect  the  title  to  any  of  the 
before-mentioned  lots,  lands  or  tenements,  where  two  or  more  persons 
set  up  titles  or  claim  to  the  same  lot  or  tenement  as  purchasers,  either 
under  the  aforesaid  Lottery  or  Deed  of  Trust,  nor  to  affect  the  title  or 
claim  of  the  heir  at  law  of  the  said  William-  Byrd,  Esquire,  to  all  or 
any  of  the  aforesaid  lots,  lands  or  tenements;  Provided,  The  said  heir 
at  law  prosecute  such  claim  within  twelve  months  from  the  passing  of 
this  act. 


CHAP.  IX. 

An  Jlct  for  Incorporating  the  Town  of  Richmond,  and  for 

other  purposes. 

[May  1782,  Ch.  25.  11  Stat.  Larg.  45.] 

1.  BE  it  enacted  by  the  General  Assembly,  That  the  town  of  Rich- 
mond, bounded  according  to  the  direction  of  the  act  intituled  "  An  act 
for.  establishing  towns  at  Rocky  Ridge,  Gloucester  Court-house,  and 
Lay  ton's  warehouse,   and  for  other  purposes   therein   mentioned," 
shall  be  stiled  the  City  of  Richmond;  and  on  the  first  Tuesday  in  July 
in  the  present,  and  on  the  same  day  of  every  third  year  afterwards, 
the  freeholders  of  lots  within  the  said  City,  whether  improved  or  not, 
and  whether  such  freeholder  resides  therein  or  not,  and  the  house- 
keepers and  inhabitants  of  the  said  City,  who  shall  have  resided  there- 
in at  any  time  for  the  space  of  three  months  without  the  intermission 
of  one  twelve  months,  and  possess  in  their  own  right  within  the  same, 
moveable  or  immoveable  property  to  the  value  of  one  hundred  pounds, 
shall  meet  at  the  house  now  used  as  the  Court-House  of  the  county  of 
Henrico,  or  at  such  other  place  as  shall  by  a  bye-law  be  hereafter  ap- 
pointed, and  shall  then  and  there  elect  by  ballot,  twelve  fit  and  able 
men,  being  freeholders  and  inhabitants  of  the  said  city,  who  or  a  ma- 
jor part  thereof  shall,  on  the  same  or  second  day  thereafter,  between 
the  hours  of  eight  and  twelve  in  the  forenoon,  publicly  elect  by  ballot 
from  among  themselves,  one  person  to  act  as  Mayor,  another  as  Recor- 
der, and  four  others  as  Aldermen  of  the  said  City,  and  the  other  six  of 
whom  shall  be  Common  Council.   The  services  of  the  persons  at  any 
time  elected  Mayor,  Recorder,  Aldermen,  or  of  the  Common  Council, 
shall  not  be  continued  longer  than  until  other  persons  shall  have  been 
elected  to  those  offices  respectively,  or  than  the  expiration  of  the  se- 
cond day  immediately  following  she  said  first  Tuesday  in  July  in  ev- 
ery third  year,  as  the  cnsc  may  be,  but  they  may  nevertheless  be  re- 
elected  except  that  no  person  shall  be  capable  of  aciing  as  Mayor  more 
than  one  year  in  any  term  of  two  years;  vacancies  occasioned  by  death, 
disability   or  resignation  at  any  time  before  the  triannual  election, 
shall  be  supplied  by  the  choice  of  the  Mayor.  Recorder,  Aldermen  and 


JLcis  of  Assembly.  13 

Common  Council  in  Common  Hall  assembled,  that  is  to  say,  a  vacancy 
in  the  office  of  Mayor  or  Recorder  shall  be  supplied  out  of  the  Alder- 
men; a  vacancy  in  the  office  of  Alderman  out  of  the  Common  Council; 
;ind  a  vacancy  in  the  Common  Council  out  of  the  freeholders  and  in- 
habitants of  the  said  City.  The  Mayor,  Recorder  and  Aldermen  to  be 
elected  for  this  present  year,  shall  not  enter  upon  the  execution  of  their 
office  before  they  shall  respectively  take  an  oath  or  affirmation  before 
some  Justice  of  the  Peace  for  the  county  of  Henrico,  for  the  faithful 
discharge  of  the  duties  thereof;  and  the  Mayor,  Recorder  and  Aldermen 
to  be  elected  afterwards  shall  take  such  oath  or  affirmation  before  they 
respectively  enter  upon  the  duties  of  their  office,  in  presence  of  the 
Court  of  Hustings,  or  of  some  meeting  of  the  Common  Council  hereaf- 
ter mentioned. 

2.  tflnd  be  it  enacted,  That  the  said  freeholders,  house-keepers,  and 
inhabitants,  and  those  persons  who  shall  hereafter  become  freeholders, 
house-keepers  or  inhabitants  as  aforesaid,  shall  be  a  body  politic  and 
corporate,  by  the  name  of  the  Mayor,  Aldermen  and  Commonalty  of 
the  City  of  Richmond,  and  by  that  name  have  perpetual  succession  and 
a  common  seal:  They  and  their  successors  by  the  name  aforesaid, 
shall  be  able  and  capable  in  law  to  have,  purchase,  receive,  enjoy, 
possess  and  retain  to  them  and  their  successors  forever,  any  lands, 
rents,  tenements,  hereditaments  of  what  kind,  nature  or  quality  soev- 
er; and  also  to  sell,  grant,  demise,  alien  or  dispose  of  the  same;  and  by 
the  same  name  to  sue  and  implead,  be  sued  and  impleaded,  answer 
and  be  answered,  in  all  courts  and  places,  anfl  from  time  to  time,  un- 
der their  common  seal,  to  make  and  establish  such  bye-laws,  rules 
and  ordinances,  not  contrary  to  the  Constitution  or  Laws  of  the  Com- 
monwealth, as  shall  by  them  be  thought  necessary  for  the  good  order- 
ing and  government  of  such  persons  as  shall  from  time  to  time  reside 
within  the  limits  of  the  said  City  and  Corporation,  or  shall  be  concern- 
ed in  interest  therein. 

3.  »fl.nd  be  it  enacted,  That  they  and  their  successors,  by  the  name 
aforesaid,  shall  especially  have  power  to  rent,  erect  or  repair  work- 
houses, houses  of  correction,  a  court-house,  prison,  market-house,  and 
hospitals  for  the  reception  of  persons  infected  with  contagious  disor- 
ders, and  other  public  buildings  for  the  benefit  of  the  said  City,  to  pay 
the  charge  of  removing  such  infected  persons  to  the  hjspital,  to  pro- 
vide doctors,  .nurses  and  other  necessary  attendants,  as  well  as  guards 
to  prevent  the  spreading  of  such  disorders;  to  purchase  fire-engines, 
to  hire  proper  fire-men  to  keep  such  engines  at  all  times,  in  good  order 
and  to  be  ready  for  service;  to  cause  wells  to  be  sunk  and  pumps  pro- 
vided; to  appoint  and  pay  watchmen,  and  to  repair  and  keep  in  order 
the  streets  and  lands  in  the  said  city,  and  to  impose  taxes  on  the  white 
and  black  male  tithables,  and  on  the  property  real  and  personal  within 
the  said  City,  for  the  execution  of  all  or  any  of  the  powers  hereby  given 
them,  taking  care  however,  that  not  more  than  one  third  of  the  sum  to 
be  levied  shall  be  levied  on  the  tithables  aforesaid,  to  make  provision 
and  regulations  for  collecting  and  accounting  for  the  taxes  raised,  by 
appointing  a  collector,  or  directing  distress  to  be  made  for  delinquen- 
cies, or  by  any  other  ways  or  means;  to  erect  wharves,  and  to  lay  w 


14  &cts  of  Assembly. 

reasonable  duty  on  the  vessels  coming  to  and  using  the  same,  for  the 
purpose  of  defraying  the  expence  of  erecting  and  keeping  in  repair  the 
wharves  so  erected;  to  hold  two  fairs  in  each  year,  to  wit:  one  on  the 
first  Thursday  in  May,  and  the  other  on  the  first  Thursday  in  Octo- 
ber; to  fix  fines  upon  every  billiard-table  and  tippling-house,  booth  or 
tent,  within  the  jurisdiction  of  the  corporation,  arid  to  demand  reason- 
able fees  for  every  ordinary-license  within  the  same,  over  and  above 
those  established  for  raising  a  revenue;  and  to  expel  disorderly  per- 
sons who  shall  not  have  been  resident  therein  for  twelve  months. 

4.  And  be  it  further  enacted,  That  all  acts  herein  directed  to  be 
done  by  the  Mayor,  Recorder,  Aldermen  and  Common  Council,  shall 
be  done  by  them  when  assembled  in  Common  Hall.   They  shall  be  said 
to  be  assembled  in  Common  Hall  when  seven  members,  of  which  the 
Mayor,  Recorder  or  eldest  Alderman  shall  be  always  one.   They  shall 
meet  upon  the  summons  of  such  Mayor,  or  in  his  absence,  sickness  or 
disability,  of  the  Recorder;  or  in  the  absence,  sickness  or  disability  of 
both  Mayor  and  Recorder,  then  of  the  eldest  Alderman. 

5.  Jind  be  it  enacted,  That  the  Mayor,  Recorder  and  Aldermen,  or 
any  of  the  four  or  more  of  them,  shall  have  power  to  hold  a  Court  of 
Hustings  on  the  third  Monday  in  every  month:     The  jurisdiction  of 
such  court  shall  relate  to  those  cases  which  originate  within  the  limits 
of  the  said  City,  and  shall  be  the  same  as  the  jurisdiction  of  the  County 
Court,  as  established  by  the  act  of  the  General  Assembly,  intituled, 
"An  'act  for  establishing  County  Courts  and  regulating  the  proceedings 
therein,"  except  in  the  following  instances:  the  said  Court  shall  not 
hear  and  determine  any  penal  case,  unless  it  be  for  a  breach  of  laws  of 
the  Corporation,  the  penalty  whereof  does  not  exceed  forty  shillings, 
or  two  hundred  pounds  of  crop  tobacco,  nor  of  any  action  beyond  the 
value  of  one  hundred  pounds,  or  ten  thousand  'pounds  weight  of  crop 
tobacco,  unless  it  be  in  ejectment;  the  said  Court  shall  have  the  farther 
power  of  examining  criminals  for  all  offences  committed  within  the 
limits  of  the  said  Corporation.,  either  at  their  monthly  sessions  or  in 
the  vacation,  according  to  the  act  of  the  General  Assembly,  intituled 
"  An  act  directing  the  method  of  trial  of  criminals  for  capital  offences, 
and  for  other  purposes  therein  mentioned;"  the  said  Court  shall  have 
the  sole  power  of  licensing  tavern-keepers  and  settling  their  rates,  ap- 
pointing*a  clerk  of  the  market,  establishing  an  assize  of  bread,  wine, 
wood,  coal  and  other  things,  and  also  appointing  a  Sergeant,  who  shall 
have  the  power  of  a  Sheriff,  Constables,  and  other  necessary  officers 
of  the  Court,  and  Surveyors  of  the  streets,  and  any  other  officers  not 
specially  directed  in  this  act  to  be  appointed  by  any  other  power;  the 
same  fees  shall  be  allowed  to  the  Officers  of  the  Court  as  are  allowed 
by  law  to  the  Clerk  and  Sheriff  of  the  county  of  Henrico;  and  shall  be 
collected  and  accounted  for  in  the  same  manner.     No  Officer  of  the 
Court  shall  enter  upon  his  office  until  he  shall  have  taken  an  oath  or 
affirmation  before  the  Court,  for  the  faithful  discharge  thereof;  the 
Serjeant  shall  moreover  give  bond  with  security,  payable  to  the  May- 
or,. Recorder,  Aldermen  and  Common  Council,  and  their  successors, 
in  a  reasonable  penalty,  for  the  due  execution  of  his  office. 


cts  of  ifts&mbly*  15 


6.  And  be  it  further  enacted,  That  the  Mayor,  Recorder  and  Al- 
dermen shall  each  be  vested  with  the  powers  of  Justice  of  the  Peace 
within  the  said  City,  and  shall  have  jurisdiction  for  the  space  of  one 
mile  on  the  north  side  of  James  River,  without  and  round  the  said  City 
and  every  part  thereof,  including  so  much  of  the  said  river  to  low-wa- 
ter mark  on  the  shore  of  the  county  of  Chesterfield  as  shall  lie  be- 
tween two  lines  drawn  due  south  from  the  eastern  and  western  ter- 
minations of  the  one  mile  aforesaid,   for  matters  arising  within  the 
same,  according  to  the  laws  of  the  Commonwealth. 

7.  rfnd  be  it  enacted,  That  the  Mayor,  Recorder,  any  Alderman 
or  Common  Councilman  may  he  removed  from  his  office  for  good 
cause,  and  after  due  summons,  by  the  opinion  of  seven  members  of 
the  Common  Hall;  and  that  no  bye-law,  ordinance  or  regulation  shall 
be  binding,  unless  the  same  shall  have  been  passed  and  entered  into 
by  the  voice  of  seven  Members  of  the  Common  Hall. 

8.  JLhd  be  it  further  enacted,  That  all  the  property,  real  and  per- 
sonal, now-vested  in  Trustees  of  the  Town  of  Richmond,  for  the  use  and 
benefit  of  the  inhabitants  thereof,  is  hereby  transferred  to  and  vested 
in  the  Corporation  for  the  benefit  of  the  said  City.    And  in  all  Courts 
of  Law  and  Equity,  this  act  shall  be  construed,  taken  and  held  most 
favorably  for  the  said  Corporation,  so  far  as  it  respects  or  relates  to 
the  same. 

11.  <ftnd  be  it  further  enacted,  That  no  ordinary  keeper  in  the 
City  of  Richmond  shall  be  capable  of  serving  as  Mayor,  Recorder, 
Alderman  or  Common  Councilman  for  the  said  City. 


CHAP.   X. 

An  Act,  for  giving  certain  powers  to  the  Corporation  of  the 
City  of  Richmond,  and  for  other  purposes. 

[October  1782,  Ch.  31.    11  Stat,  Larg.  156.] 

1.  BE  it  enacted  by  the  General  Assembly,  That  it  shall  and 
may  be  lawful,  and  the  Mayor,  Recorder,  and  Aldermen,  of  the  City 
of  Richmond,  are  hereby  required  to  elect,  by  ballot,  two  of  the  Com- 
mon Councilmen  of  the  said  City,  to  the  office  of  Aldermen;  who  up- 
on taking  an  oath  or  affirmation  before  the  Court,  for  the  faithful  dis- 
charge thereof,  shall  have  the  same  powers  and  authority  as  those  al- 
ready elected  to  that  office.   That  in  all  triennial  elections,  as  directed 
by  the  act  "For  incorporating  the  town  of  Richmond,"  there  shall  be 
elected  six  Aldermen.    The  Court  of  Hustings  in  the  City  of  Rich- 
mond, and  Court  of  Hustings  in  the  town  of  Alexandria,  shall  be,  and 
are  hereby  constituted,  Courts  of  Record,  and  as  such  to  receive  pro- 
bate of  wills  and  deeds,  and  gra«t  administrations,  in  as  full  and  am- 
ple manner  as  the  County  Courts  by  law  can,  or  may  do. 

2.  Provided  always  and  be.  it  further  enacted.  That  no  will  shall 
be  admitted  to  proof  or  record  in  the  said  Courts,  nor  shall  the  skitl 
Courts  grant  administration,  unless  the  testator,  or  intestate,  as  the 


16  Acts  of 

case  may  be,  was  resident  within  the  limits  of  the  jurisdiction  oi  the 
said  Courts  at  the  time  of  his  or  her  death;  nor  shall  any  deed,  where- 
by lands  are  conveyed,  be  admitted  to  proof  or  record  in  the  said 
Courts,  unless  such  lands  lie  within  the  limits  as  aforesaid. 

3.  tfnd  be  it  further  enacted,  That  the  Mayor  and  Commonalty 
of  the  said  City  and  town  respectively,  are  hereby  authorised  to  affix 
their  common  seal  to  all  transactions,  and  that  due  faith  and  credence 
shall  thereupon  be  given  and  paid  to  the  same.   That  the  powers  given 
by  law,  to  the  directors  of  the  public  buildings  in  the  said  City,  for 
improving  the  navigation  of  James  River,  and  turning  Shockce  Creek 
into  its  old  channel,  by  subscription,  shall  be,  and  the  same  are  here- 
by, transferred  to,  and  Vested  in,  the  Corporation. 

4.  Jlnd  be  it  further  enacted,  That  it  shall  and  may  be  lawful  for 
the  said  Corporation  to  raise,  by  way  of  lottery,  such  a  sum  of  money 
as  they  may  think  adequate  to  the  expence  of  erecting  a  stone  bridge 
over  Shockoe  Creek. 


CHAP.   XL 

*ln  Act  concerning  Fairs,  in  the  Townof  Frcderichsburg,and 
the  Court  of  Hustings  thereof,  and  for  other  purposes. 

[October  1783,  Ch.  6.    ll'Stat.  Larg.  314.] 

4.  And  Whereas  so  much  of  the  act,  intituled,  "  An  act  for  giving 
certain  powers  to  the  Corporation  of  the  City  of  Richmond,  and  for 
other  purposes,"  as  empowers  the  Mayor,  Recorder,  and  Aldermen, 
of  the  said  City,-  to  elect  by  ballot  two  of  the  Common  Councilmen  of 
the  said  City  to  the  office  of  Aldermen;  and  that  in  all  triennial  elec- 
tions, as  directed  by  the  act  for  incorporating  the  town  of  Richmond, 
there  shall  be  elected  six  Aldermen,  requires  explanation  and  amend- 
ment: 

5.  Be  it  therefore  enacted,  That  the  house-keepers  and  inhabitants 
of  the  said  City,  qualified  by  law  to  vote  for  Common  Councilmen, 
shall  meet  at  the  Court-House  in  the  said  City,  on  the  first  day  of  Janu- 
ary next,  and  then  and  there  elect  by  ballot  four  persons,  being  free- 
holders and  inhabitants  of  the  said  City,  as  Common  Councilmen,  in 
addition  to  the  present  Common  Council;  and  that  the  Mayor,  Re- 
corder, and  Aldermen,  shall  meet  on  the  next  Monday  thereafter,  and 
then  elect  by  ballot  two  of  the  Common  Councilmen  to  the  office  of 
Aldermen,  who,  upon  taking  the  oath  directed  by  the  said  act,  shall 
have  the  same  power  and  .authority  as  the  other  Aldermen  of  the  said 
City. 

6.  .find  be  it  further  'enacted,  That  at  the  triennial  elections  of  the. 
said  City,  there  shall  be  elected  in  manner  directed  by  the  said  act,  a 
Mayor,  Recorder,  six  Aldermen,  and  eight  Common  Councilmen;  any 
law  to  the  cpntraiy  notwithstanding. 


Afts-  of  Jls$embly.  17 

CHAP.  XII. 

An  Act \  directing  the  sale  of  the  public  lands  and  other  pro- 
perty in  or  near  the  City  of  Richmond. 

[May  1784,  Ch.  30.    11  Stat.  Larg.  399.] 

1.  BE  it  enacted.  That  all  the  public  lands  and  other  public  pro- 
perty in  and  near  the  City  of  Richmond,  except  so  much  thereof  as 

t>hall  be  set  apart  by  the  Executive  for  the  use  of  the  Government, 
shall  be  sold  for  money  or  military  certificates,  as  the  commissioners 
hereafter  appointed' may  judge  most  for  the  public  benefit; 'and  the 
money  arising  from  the  sales  thereof,  together  with  the  interest  due 
or  to  become  due  on  the  certificates,  shall  be  applied  towards  erecting 
the  public  buildings  on  Shockoe  Hill,  agreeable  to  an  act,  intituled, 
"An  act  for  the  removal  of  the  Seat  of  Government." 

2.  And  be  it  further  enacted,  That  Nathaniel  Wilkinson,  Miles 
Selden,  junior,  John  Harvie,  Thomas  Prosser,  and  William  Foushee, 
Gentlemen,  or  any  three  of  them,  be  appointed  commissioners  for  the 
better  execution  of  this  act;  who,  before  they  proceed  on  the  duties 
of  their  office,  shall  enter  into  bond  with  security,  in  a  reasonable  pen- 
alty, payable  to  the  Governor  for  the  time  being,  conditioned  for  the 
faithful  execution  of  their  trust.    The  said  commissioners  shall  make 
immediate  application  to  the  Executive  for  the  delivery  and  possession 
of  such  of  the  said  lands  and  property  as  shall  not  be  reserved  for  the 
use  of  Government,  and  having  caused  the  same  to  be  laid  off  into  lots 
in  such  manner  as  to  them  may  appear  most  beneficial  for  the  public, 
shall,  making  due  publication  thereof  in  the  Virginia  Gazettes,  proceed 
to  sell  the  same  for  the  best  price  that  can  be  got,  either  for  money  on 
twelve  months  credit,  or  for  certificates,  as  aforesaid,  payable  imme* 
diately,  at  the  discretion  of  the  commissioners.    For  all  money  sales 
the  said  commissioners  shall  take  bond  of  the  purchasers  with  approv- 
ed security,  and,  in  default  of  payment,  are  authorised  to  recover  the 
same  by  judgment,  upon  motion  in  any  Court  of  record,  giving  ten 
days  previous  notice  of  such  motion.   All  certificates  received  by  the 
said  commissioners  in  virtue  of  this  act,  shall  be  by  them  returned  to 
the  public  treasury;  and  the  Treasurer  shall  enter  the  same  in  his 
books  to  their  credit  in  trust,  and  for  the  use  of  the  public,  paying  to 
the  said  commissioners  the  interest  due  or  to  become  due  thereon  out 
of  the  funds  appropriated  for  that  purpose,  in  the  same  manner  as  he 
would  do  to  individual  possessors.    All  monies  received  by  the  said 
commissioners  in  virtue  of  this  act,  shall  be  by  them  paid  into  the 
hands  of  the  directors  of  the  public  buildings,  to  be  by  them  applied 
pursuant  to  the  powers  vested  in  them  by  the  act,  "For  the  removal 
of  the  Seat'of  Government."    And  whereas  the  money  arising  from 
the  sale  of  the  land  and  other  public  property,  as  herein  before  direct- 
eel,  may  not  be  sufficient  to  complete  the  said  public  buildings,  and 
the  public  finances  will  not  admit  of  an  immediate  appropriation  of 
a  further  sum  of  money  in  aid  thereof,  but  the  completion  of  the  said 
public  buildings  may  be  greatly  facilitated  by  private  contribution: 


18  dets  &f  Assembly. 

3.  Be  it  further  enacted,  That  the  said  commissioners  be  empow- 
ered to  open  and  receive  subscriptions  for  that  purpose,  in  such  man- 
ner and  to  such  amount  as  the  directors  of  the  public  buildings  shall 
deem  proper;  and  that  the  monies  thence  arising  be  paid  by  the  said 
commissioners  into  the  hands  of  the  said  directors,  and  by  them  ap- 
plied to  the  purposes  before  directed,  and  to  none  other.   And  the  di- 
rectors of  the  public  buildings  shall  in  like  manner  enter  into  bond 
with  security,  in  a  reasonable  penalty,  payable  to  the  Governor  for  the 
time  being,  conditioned  for  the  faithful  application  of  all  monies  by 

'them  received. 

4.  Provided  always,  and  be  it  further  enacted^h&t  nothing  here- 
in  contained  shall  be  construed  to  prevent  the  said  commissioners 
from  granting  a  credit  upon  all  sales  for  certificates  as  aforesaid,  until 
the  thirty-first  day  of  December  next;  but  upon  all  such  sales  the  said 
commissioners  shall  take  bond  with  approved  security,  and,  in  default 
of  payment,  are  authorised  to  recover  the  amount  thereof,  with  inter- 
est and  costs,  together  with  six  per  centum  damages  in  specie,  by  judg- 
ment, upon  motion  in  any  Court  of  Record,  giving  ten  days  previous 

lolice  of  such  motion;  execution  upon  which  judgment  shall  be  issued 
for  and  discharged  by  the  payment  of  the  amount  in  certificates  ex- 
pressed in  the  condition  of  such  bond,  together  with  interest,  costs, 
and  the  damages  in  specie,  as  aforesaid,  and  not  otherwise. 

5.  And  be  it  further  enacted.  That  all  sales  which  shall  be  made 
by  virtue  of  this  act  for  certificates,  shall  be  by  private  or  public  sale, 
%t  the  discretion  of  the  commissioners,  and  before  the  first  day  of  Oc- 
*ober  next 


CHAP.   XIII. 

An  Act.  authorising  the  Directors  of  the  Public  Buildings  in 
the  City  of  Richmond,  to  convey  to  Philip  Turpin,  certain 
lands. 

[December  14,  1787,  Ch.  78,  12  Stat.  Larg.  617.] 

1.  WHEREAS  it  hath  been  represented  that  the  Directors  of  the 
Public  Buildings  in  the  City  of  Richmond  have  appropriated  for  the 
ise  of  the  public,  certain  lands  within  the  said  City  the  property  of 
Philip  Turpin,  part  whereof  are  since  found  by  the  said  Directors  to 
be  unnecessary  for  the  said  purpose;  and  the  said  Philip  Turpin  hath 
made  application  to  the  present  General  Assembly  to  authorise  and 
-require  the  said  Directors,  in  behalf  of  the  Commonwealth,  to  convey 
•xi'd  release  to  him  so  much  of  the  said  lands  as  they  may  judge  unneces- 
sary for  public  use;  Be  it  therefore  enacted,  That  the  said  Directors, 
or  a  majority  of  them,  shall,  and  they  are  hereby  authorised  and  re- 
quired to  execute  a  deed  for  conveying  and  releasing  to  the  said 
Philip  Turpin,  and  his  heirs,  all  the  right,  title,  and  interest,  of  this 
Commonwealth,  in,  and  to  so  much  of  the  lands,  so  appropriated,  as 
the  said  Directors  shall  judge  unnecessary  for  public  use. 


Acts  of  Assembly.  15 

2.  And  be  it  further  enacted,  That  the  Directors  shall  cause  the 
lands  deemed  unnecessary  for  public  use,  previous  to  the  execution  of 
a  deed  for  the  same,  to  be  valued  by  a  jury,  in  like  manner  as  is 
directed  by  law  for  lands  taken  and  appropriated  for  the  use  of  the 
public,  within  the  said  City,  and  shall  return  such  valuation  to  the 
Court  of  the  County  of  Henrico,  there  to  be  recorded:  Provided,  that 
the  jury,  in  estimating  the  value  of  the  said  land,  shall  have  regard  to 
its  comparative  value  with  the  other  lands,  and  their  former  appraised 
value. 


CHAP.   XIV. 
An  Act,  allowing  the  City  of  Richmond  a  Representath 

the  House  of  Delegates. 
[December  22,  1788,  Ch.  63,  12  Stat  Larg.  722.] 
1.  WHEREAS  it  is  provided  by  the  constitution  of  government, 
that  the  privilege  of  representation  in  the  House  of  Delegates,  may  be 
extended  to  such  Cities  and  Boroughs,  as  should  thereafter  be  allowed 
particular  representation  in  the  legislature:  And  whereas,  application 
hath  been  made  to  the  present  General  Assembly,  by  the  inhabitants 
of  the  City  of  Richmond,  to  extend  to  them  this  high  privilege,  which 
it  is  judged  reasonable  and  expedient  so  to  do:  Be  it  therefore  enact- 
ed, by  the  General  Assembly,  That  the  freeholders  of  the  said  City, 
shall  be  entitled  to  assemble  at  the  Court-House,  or  other  place  of  hold- 
ing Courts  in  the  said  City,  annually,  on  their  Court  day,  in  the  month  of 
April,  and  then  and  there  elect  one  discreet  and  proper  person,  being  a 
freeholder,  and  who  shall  have  bonafide  resided  within  the  said  City  for 
twelve  months,  last  preceding,  as  a  Delegate  to.represent  the  said  City 
in  the  House  of  Delegates.  The  said  election  shall  be  held  and  conduct- 
ed by  the  Serjeant  of  the  said  City,  for  the  time  being,  under  the  rules, 
restrictions,  and  penalties  prescribed  by  law,  in  the  election  of  members 
to  the  General  Assembly:  Provided  always,  that  no  freeholder  of  the 
said  City  shall  be  entitled  to  vote  in  right  of  such  freehold,  at  any 
county  election  of  Delegates  to  the  General  Assembly, 


CHAP.   XV. 

An  Act,  to  grant  certain  privileges  to' the  Cities  of  Richmond 
and  WilliamsbuTg,  and  to  the  Borough  of  Norfolk. 

[December  20,  1790,  Ch.  64,  13  Stat.  Larg.  200.] 

1 .  BE  it  enacted  by  the  General  Assembly,  That  the  Mayor,  Re- 
corder and  Aldermen  of  the  City  of  Richmond,  or  any  five  of  them, 
the  Mayor,  Recorder  or  eldest  Alderman  being  one,  may  hold  a  Court 
for  the  trial  of  Slaves  in  like  manner  and  subject  to  the  same  laws, 
rules  and  regulations  as  the  Justices  of  the  County  Courts  may  now  do: 
Provided,  That  their  jurisdiction  be  limited  to  offences  committed 
within  the  jurisdiction  of  the  Court  of  Hustings  for  the  said  City. 


20  Acts  of  Assembly. 

2.  And  it  shall  be  lawful  for  the  Serjeant  of  the  said  City,  and  he  is 
hereby  required  previous  to  the  Courts  in  March,  May,  August  and 
November,  to  summon  a  Grand  Jury  of  the  freeholders  within  the  said 
City,  to  meet  at  these  several  Courts,  which  Gr?nd  Juries  shall,  respect- 
ing crimes  and  offences  done,  committed  or  suffered  within  the  limits 
aforesaid,  possess  and  exercise  the  same  powers,  and  be  subject  to  the 
came  penalties  as  Grand  Jurors  in  the  County  Courts. 

3.  The  Court  of  Hustings  for  the  said  City  shall  sit  on  the  second 
Monday  in  every  month. 

4.  *ftnd  be  it  further  enacted,  That  the  inhabitants  of  and  resi- 
dents in  the  said  City,  subject  to  militia  duty,  shall  be  formed  into  a 
distinct  Regiment,  and  shall  not  be  obliged  to  attend  company  or  re- 
gimental musters  except  in   or  near  the  said  City;  but  shall  remain 
under  the  Lieutenant  or  Commanding  Officer   of  the   militia  of  the 
County  of  Henrico,  and  be  subject  to  and  governed  by  the  several 
laws  respecting  the  militia,  in  like  manner  as  the  militia  of  the  Coun- 
ty of  Henrico. 

7.   So  much  of  every  act  as  comes  within  the  purview  of  this  act 
shall  be  and  the  same  is  hereby  repealed. 


CHAP.   XVI. 
An  Act t  ascertaining  the  Boundaries  of  the  City  of  Richmond, 

and  for  other  purposes. 
[November  27,  1793,  Ch.  65,  Ses.  Acts,  p.  46.] 

1.  WHEREAS  doubts  have  arisen  relative  to  the  powers  of  the 
Court  of  Hustings,  and  of  the  Common  Hall  of  the  City  of  Richmond, 
and  of  the  Boundaries  of  the  said  City:  For  remedy  whereof, 

2.  Be  it  enacted,  That  all  the  lots  heretofore  laid  off,  or  which 
shall  be  hereafter  laid  off  pursuant  to  any  act  of  the  General  Assem- 
bly, also  the  lots  laid  off  by  the  Reverend  William  Coutts,  and  adjoin- 
ing the  Town  of  Richmond,  shall  be  henceforth  deemed,  considered 
and  taken  in  all  Courts  of  Law  and  Equity  as  constituting  apart  of  the 
City  of  Richmond,  and  all  the  proceedings  of  the  Court  of  Hustings, 
or  of  the  Common  Hall  of  the  said  City  heretofore  done  within  the 
limits  as  herein  expressed,  shall  be,  and  they  are  hereby  declared  as 
valid  to  all  intents  and  purposes,  as  if  they  were  hereafter  to  be  done. 

3.  And  be  it  further  enacted,  That  all  that  part  of  the  tenement, 
commonly  called  and  known  by  the  name  of  Watson's  tenement,  or 
go  much  thereof  as  has  been  laid  off  into  lots  and  improved,  or  \vhich 
shall  hereafter  be  laid  off  into  lots  and  improved,  be  thenceforth  con- 
sidered as  comprising  a  part  of  the  said  City  of  Richmond. 

4.  *And  be  it  further  enacted,  That  the  Market-House  erected  on 
Shoekoe  Hill,  and  known  by  the  name  of  the  New  Market,  shall  be, 
and  the  same  is  hereby  established  a  public  Market-House,  and  enti- 
tled under  the  direction  of  the  Common  Hall  of  the  said  City  to  equal 
privileges,  and  subject  to  the  same  regulations  as  the  one  now 
blished  in  the  said  City. 


Acts  of  Assembly,  £  i 

CHAP.  XVII. 

An  Act)  concerning  Corporations. 
[December  22,  179G,  Ch.  13,  Ses.  Acts,  p.  13.j 

1.  BE  it  enacted  by  the  General  Aseembty,  That  from  and  after 
ihe  passing  of  this  act,  the  Mayor,  Aldermen  and  Commonalty  of  the 
-several  corporate  towns  within  this  Commonwealth  and  their  succes- 
sors, shall  upon  request  of  any  person  or  persons  desirous  thereof, 
e;rant  licenses  to  exercise  in  such  town  the  trade  or  business  of  an 
Auctioneer;  Provided,  that  no  such  licence  shall  be  granted  until  the 
person  or  persons  requesting  the  same,  shall  enter  into  bond  with  one 
or  more  sufficient  sureties,  payable  to  the  Mayor,  Aldermen  and  Com- 
monalty of  such  corporate  town  and  their  successors,  in  such  penalty 
imd  with  such  condition  as  by  the  bye-laws  and  ordinances  of  such 
corporate  towns  shall  be  required.    And  provided  also.  That  any 
licence  which  may  have  been  heretofore  granted  by  the  Supervisor  of 
this  district,  shall  remain  in  full  force  during  the  term  for  which  the 
same  was  granted.   And  every  person  or  persons  so  licenced,  shall 
have  the  same  powers,  and  be  subject  to  the  same  regulations,  and  to 
the  payment  of  the  same  sum  as  the  Vendue  Masters  or  Auctioneers, 
appointed,  or  to  be  appointed  by  the  Mayor,  Aldermen  and  Common- 
alty of  the  several  corporate  towns,  are  liable  and  subject  to. 

2.  And  be  it  further  enacted,  That  the  Magistrates  of  any  corpo- 
rate town  shall  have  the  same  power  to  examine  privily,  and  take  the 
acknowledgement  of  a  feme  covert  to  a  conveyance  and  to  certify 
the  same;  as  is  by  law  given  to  Justices  of  Peace  of  a  county;  and 
the   Court  of  Hustings  for  each  corporation  within  this    Common- 
wealth, shall  have  the  same  power  to  admit  to  record,  authenticated 
copies  of  wills,  proved  according  to  the  laws  of  any  of  .the    United 
States  or  of  Countries  without  the  limits  of  the  same,  as  is  given  by 

to  the  County  Courts. 


CHAP.  XVIII, 

An  Act)  concerning  the  City  of  Richmond. 
[January  22,  1798,  Ch.  21,  Ses.  Acts,  p.  16.] 

1.  BE  it  enacted,  That  in  addition  to  the  powers  heretofore  grant- 
ed to  the  corporate  body  of  the  City  of  Richmond,  the  Mayor,  Recor- 
der, Aldermen  and  Common  Council,  in  Common  Hall  assembled,  be, 
and  they  are  hereby  authorised  to  pass  such  bye-laws  or  ordinances 
for  the  government  of  persons  and  property  within  the  limits  of  the 
baid  City,  as  they  shall  think  necessary,  for  establishing  and  carrying 
into  full  effect  the  requisite  rules  and  regulations  to  prevent  and  ex- 
tinguish fire  on  buildings  within  the  City  aforesaid:  Provided,  such 
laws  and  ordinances  be  not  contrary  to  the  Constitution  or  Laws  of 
Commonwealth. 


22  rfcts  of 

2.  Jlnd  be  it  further  enacted,  That  henceforth  the  tithable  per- 
sons resident  within  the  said  City,  shall  be  considered  as  totally  sepa- 
rated from  those  of  the  County  of  Henrico,  and  shall  he  exempt  from 
all  impositions  by  the  Court  of  the  said  County  for  County  Levies, 
or  for  the  maintenance  or  support  of  poor  persons  not  resident  within 
the  City  aforesaid. 

3.  tftnd  be  it  further  enacted,  That  any  presentment  made  by  a 
Grand-Jury  for  the  said  City,  for  an  offence  committed  within  the 
jurisdiction  of  the  Court  of  Hustings  for  the  City  aforesaid,  under  any 
law  of  the  land,  may  be  prosecuted  in  the  said  Court,  in  the  same 
manner,  and  the  like  proceedings  be  had  therein,  as  is  or  may  be  in 
the  County  Court  of  Henrico. 

4.  This  act  shall  commence  and  be  in  force   from  and  after  the 
passing  thereof. 


CHAP.  XIX. 

Jin  Act,  to  amend  the  Charter  of  the  City  of  Richmond. 

[January  11,  1803,  Ch.  31,  Ses.  Acts,  p.  20.] 

1.  BE  it  enacted  by  the  General  Assembly,  That  a  Committee 
of  five  persons  be  appointed  by  the  Executive  of  this  Commonwealth, 
to  divide  the  City  of  Richmond  into  three  Wards.  The  freeholders  and 
inhabitants  of  the  City,  duly  qualified  by  law  to  vote  for  Common  Coun- 
cilmen,  shall  assemble  annually  on  the  first  Wednesday  in  April*  in 
the  Wards  in  which  they  reside,  and  elect  eight  persons  from  each 
Ward,  who  must  respectively  reside  within  the  limits  of  the  wards 
which  elect  them.  The  persons  thus  elected,  or  a  majority  of  them, 
shall  within  one  week  publicly  elect  by  ballot  from  among  themselves, 
one  person  to  act  as  Maydr,  another  as  Recorder,  and  seven  others  as 
Aldermen  of  the  said  City,  (distributing  the  Mayor,  Recorder  and 
Aldermen,  equally  among  the  several  Wards)  and  the  remaining  fif- 
teen of  whom  shall  be  a  Common  Council.  The  services  of  the  per- 
sons first  elected  under  this  law,  shall  not  commence  until  the  day 
next  after  the  first  Tuesday  in  July,  1803,  and  shall  continue  only 
until  the  day  when  a  new  election  is  by  law  directed  to  take  place; 
but  in  all  future  cases,  their  services  shall  commence  from  the  day  of 
election,  and  continue  for  one  year:  but  they  may  nevertheless  be 
re-elected,  except  that  no  person  shall  be  capable  of  acting  as  Mayor, 
more  than  one  year  in  any  term  of  two  years.  Vacancies  occasioned 
by  the  death,  disability  or  resignation,  during  the  period  for  which 
the  said  twenty-four  persons  shall  be  elected,  shall  be  supplied  by  the 
choice  of  the  Common  Council  in  Common  Hall  assembled,  that  is  to 
say,  a  vacancy  in  the  office  of  Mayor  or  Recorder,  shall  be  supplied 
out  of  the  Aldermen;  a  vacancy  in  the  office  of  Aldermen,  out  of  the 
Common  Council;  and  a  vacancy  in  the  Common  Council,  out  of  the 

*  Act,  January  8th,  1824,  Ch.  15,  Sec   3,  Ses,  Acts,  p.  23. 


dots  of  Assembly.  23 

freeholders  and  inhabitants  of  the  said  City,  always  preserving  an 
equal  number  of  Common  Councilmen  and  Aldermen  in  the  several 
Wards:  Provided,  that  the  Mayor,  Recorder,  and  Aldermen,  shall, 
before  they  enter  on  the  execution  of  their  respective  offices,  take  the 
oaths  and  affirmations  required  by  law. 

2.  And  be,  it  further  enacted.  That  in  case,  by  any  cause,  the 
election  of  the  twenty-four  persons  to  serve  as  Mayor,  Recorder,  and 
Aldermen,  and  Common  Councilmen,  should  not  be  holden  on  the 
day  prescribed  by  this  act,  in  that  case  the  election  shall  take  place  as 
soon  as  possible -after  the  impediment 'is  removed,  and  in  case  such 
cause  should  exist  to  prevent  the  said  election,  then  the  persons  last 
acting  as  Mayor,.  Recorder,  Aldermen,  and  Common  Councilmen, 
shall  continue  to  hold  and  exercise  their  respective  offices,  until  anoth- 
er election  takes  place,  in  the  same  manner  that  they  would  have 
done  during  the  term  for  which  they  were  elected. 

3.  And  be  it  further  enacted,  That  the  division  of  this  City  into 
Wards  made  by  the  Committee,  shall  be  reported  to  the  Executive, 
and  recorded  in  the  Hustings  Court  of  the  said  City.   This  division  so 
made,  shall  remain  in  force  for  three  years;  at  the  expiration  of  whick 
time,  and  triennially  afterwards,  Committees  shall  be  appointed  as 
aforesaid,  to  make  such  alterations  as  shall  be  deemed  necessary. 

4.  And  be  it  further  enacted,  That  the  Wards  shall  be  numbered 
and  named  by  the  Committee. 

5.  And  be  it  further  enacted,  That  the  election  by  Wards  shall  be 
conducted  in  the  following  manner:  the  Town  Serjeant  shall  appoint 
places  (one  in  each  Ward)  the  most  convenient  for  the  electors  duly 
qualified  by  law  to  assemble  and  give  their  votes  viva  voce,  for  Com- 
mon Councilmen  and  Aldermen.   The  places  thus  annually  appointed 
by.  him. shall  be  notified   in  one  of  the  Gazettes  of  Richmond  one 
month  previous  to  the  election,   and  if  unavoidable  causes    should 
render  a  change  of  either  of  those    places    necesssary,  it  shall    be' 
the  duty  of  the  Town  Serjeant  to  have  such  change  announced   on 
the  day  of  election  by  a  public  cryer.     The  Town  Serjeant  shall 
hold  the  election  in  the  Ward  in  which  he  resides,  and  shall   ap- 
point in  writing,  one  month  previous  to  the  election,  a  Deputy  in  each 
of  the  other  Wards  to  hold  an  election  therein,  who  shall  be  invested 
for  that  purpose  with  the  same  powers,  and  restricted  by  the  same  dis- 
abilities as  himself,  under  the  obligation  of  an  oath  to  be  administered 
by  a  Magistrate.   The  Deputies  shall  return  to  the  Town  Serjeant  the 
number  of  votes  given  to  the  respective  candidates  in  their  Wards, 
which,  with  the  votes  given  in  his  own  Ward,  shall  be  published  in 
some  Richmond  Gazette,  and  lodged  with  the  Clerk  of  the  Court  of 
Hustings. 

6.  And  be  it  further  enacted,  That  in  case  of  the  death,  resigna- 
tion, inability  to  perform  the  duties,  or  absence  of  either  or  all  of  the 
Deputies,  the  Town  Serjeant  shall,  on  the  day  of  election,  appoint  with 
similar  formalities,  a  successor  or  successors  to  supply  theVacancy  or 
vacancies. 

7.  And  be  it  further  enacted,  That  the  elections  shall  be  held  in 
all  the  Wards  on  the  same  day;  but  if  for  any  cause  the  elections  shall 


24  Acts  of  Assembly. 

not  be  held  in  either  Ward  on  the  day  prescribed  by  law,  the  said  Ser- 
jeant or  Deputy  shall  proceed  to  hold  the  same  as  soon  as  such  cause  is 
removed. 

8.  And  be  it  further  enacted,  That  no  elector  shall  be  permitted 
to  vote  in  any  Ward,  but  that  in  which'  he  resides,  and  if  a  question 
arises  in  what  Ward  he  has  the  right  of  voting,  he  shall  be  permitted 
to  vote  on  taking  an  oath,  which  the  officer  conducting  the  election 
shall  administer,  or  making  a  solemn  affirmation  in  fhi's  form:  I  do 
swear  (or  do  solemnly  affirm)  that  I  do  in  my  conscience  believe  my- 
self to  be  a  resident  of  Ward.   No  duly 
qualified  by  law  to  vote  for  Common  Councilmen  and  Aldermen  of  tlie 
City  of  Richmond,  according  to  an  act,  entituled  "An  act,  To  amend 
the  Charter  of  the  City  of  Richmond,"  of  which  oath,  or  affirmation, 
a  note  shall  be  made  in  the  poll  book  opposite  to,  and  referring  to  the 
name  of  the  person  swearing  or  affirming.   The  making  such  oath  or 
affirmation  falsely,  shall  be  perjury :  Provided  always,  That  the  names 
of  electors  offering  to  be  polled,  but  refusing  to  make  such  oath  or 
affirmation,  shall  be  entered  on  the  poll  books  in  separate  lists  with 
the  names  of  the  candidates  for  whom  they  voted,  and  shall  be  added 
to  the  poll,  if  upon  scrutiny  the  votes  be  justified. 

9.  And  be  it  farther  enacted,  That  the  qualifications  which  enti- 
tle the  freeholders  and  inhabitants  to  vote  for,  or  be  elected  a  Common 
Councilman,  or  Alderman  of  the  City  of  .Richmond,  shall  remain  un- 
altered by  this  law,  with  only  this  exception,  that  the  electors  and 
candidates,  at  the  time  they  respectively  give  or  receive  a  vote,  must 
be  bona  fide  residents  of  the  Ward  in  which  the  vote  is  given  or  re- 
ceived: Provided  always,  and  be  it  further  enacted,  That  the  free- 
holders of  lots  in  the  said  Town,  who  do  not  reside  therein,  shall  be 
entitled  to  vote  in  the  respective  Wards  in  which  their  lots  may  be 
situated;  but  no. such  freeholder  shall  vote  in  more,  than  one  Ward. 

10.  And  be  it  further  enacted,  That  the  qualifications  of  any  per- 
son or  persons  elected  as  aforesaid,  shall  be  adjudged  of  by  the  whole 
number  of  persons  elected,  or  a  majority  of  them;  and  if  any  person 
returned  by  the  Serjeant  or  his  Deputies  shall  be  adjudged  disqualified, 
notice  thereof  shall  be  given  to  the  Officer  of  the  Ward  to  which  such 
person  belonged,  who  shall  forthwith  hold  another  election  in  manner 
aforesaid. 

11.  And  be  it  further  enacted,  That  the  Mayor,  Recorder,  and 
Aldermen  shall  have  power  to  hold  a  Court  of  Hustings  at  the  same 
times,*  and  under  the  same  regulations  as  are  now  prescribed  by  law. 
The  said  Court  to  have  the  same  powers  and  jurisdictions  as  hereto- 
fore, and  the  said  Mayor,  Recorder,  and  Aldermen  to  have  the  same- 
rights  and  powers,  and  be  subject  to  the  same  disabilities  as  at  present 
exist  by  law,  with  this  additional  restriction,  that  the  Mayor,  Recor- 
der, and  Aldermen,  so  long  as  they  continue  in  office,  shall  never  set, 
or  act  as  Members  of  the  Common  Council. 

*  The  Court  of  Hustings  for  the  City  of  Richmond,  shall  hereafter  commence  and 
be  holden  on  the  Friday  next  before  the  last  Monday,  in  every  month;  and  the  Quar- 
terly Sessions  of  the  said  Court  shall  hereafter  be  holden  in  the  months  of  February, 
May,  Au$uit>  and  JVo-osnbw,  in  every  year.  Jatiuary  12, 1827.  Ch.  36.  Sec.  1,  Ses.  Acts, 
p.  33. 


Acts  of  Assembly.  25 

12.  And  be  it  fur  I  her  enacted,  That  all  the  acts  heretofore  direct- 
ed by  law  to  be  done  by  the  Mayor,  Recorder,  and  Aldermen,  in  Com- 
mon Hall  assembled,  shall  in  future  be  done  by  the  Common  Council, 
who  shall  possess  all  the  rights  and  powers  before  this  time  exercised 
by  the  said  Common  Hall  as-  heretofore  constituted.    They  shall  be 
said  to  be  assembled  in  Common  Hall,  when  nine  Common  Council- 
men  attend,  which  number  at  the  least,  shall  be  necessary  to  consti- 
tute a  quorum,  arid  no  Bye-Law,  Ordinance  or  Regulation  shall  be  bind- 
ing, unless  the  same  shall  have  been  passed  by  the  voices  of  a  majori- 
ty of  the  Members  of  the  Common  Hall  who  are  present. 

13.  The  Members  of  the  Common  Council  in  Common  Hall  assem- 
bled, shall  elect  one  of  its  Members  to  act  as  President,  who  shall  pre- 
side at  its  Meetings,  and  continue  in  office,  one  year;  and  when  from 
any  cause  he  shall  be  absent,  they  may  appoint  a  President  pro  tem- 
porc,  who  shall  preside  during  the  absence  of  the  President.   The  Pre- 
sident of  the  Common  Council,  shall  sign  all  Ordinances  and  Regula- 
tions passed  at  any  Meeting  when  he  presides,  or  if  he  is  not  present, 
s^ch  Ordinances  and  Regulations  shall  be  signed  by  the  President  pro 
fcmpore.  The  President  of  the  Common  Council  shall  have  power  at 
any  time,  to  call  a  Meeting  of  the  Common  Hall;  and  in  case  of  his 
absence,  sickness  or  disability,  the  Hall  may  be  convened  by  the  or- 
der in  writing  of  any  two  of  the  Common  Council,  directed  to  the 
Serjeant. 

14.  And  be  it  further  declared  and  enacted,  That  the  said  Court 
of  Hustings  shall  have  Jurisdiction  for  the  space  of  one  mile  on  the 
North  side  of  James  River,  without,  and  round  the  said  City,  and  eve- 
ry part  thereof,  including  so  much  of  the  said  River,  to  low  water 
mark  on  the  shore  of  the  County  of  Chesterfield,  as  shall  be  between 
two  lines  drawn  due  South  from  the  Eastern  and  Western  terminations 
of  the  one  mile  aforesaid,  for  matters  arising  within  the  same,  accord- 
ing to  the  Laws  of  the  Commonwealth. 

15.  And  be  it  further  enacted,  That  the  different  Laws  heretofore 
*  passed  relative  to  the  City  of  Richmond,  are  no  farther  repealed  by 

this  act,  than  as  they  conie  within  the  purview  hereof. 

1 0.  This  act  shall  commence  and  be  in  force  from  and  after  the  pass- 
ing thereof. 


CHAP.  XX. 

An  Jlct,  authorising  the  appointment  of  a  Mathematical  Sur- 
veyor of  the  City  of  Richmond,  and  for  other  purposes. 
[January,  8,1805,  Ch.  86.  Ses.  Acts,  p.  52.] 

1.  BE  it  enacted  by  the  General  Assembly,  That  the  Common 
Council  of  the  City  of  Richmond,  in  Common  Hall  assembled,  may, 
and  they  are  hereby  empowered,  to  nominate  a  Mathematical  Survey- 
or of  the  said  City,  to  prescribe  his  duties,  and  to  establish  and  regu- 
late his  salary,  or  foos  of  office;  which  Surveyor  shall  be  examined 
and  commissioned  in  the  manner  directed  by  the  law  concerning  Covm- 
-.v-eyors.  , 

4 


of  Assembly. 

2.  All  surveys  or  other  acts  which  shall  be  made  or  done  by  the 
said  Surveyor,  by  virtue  of  an  order  of  any  Court,  shall  be  as  valid 
and  effectual  as  if  the  same  were  made  or  done  by  a  Surveyor  of  a 
County. 

3.  And  Whereas,  it  hath  been  represented  to  this  present  General 
Assembly,  that  a  majority  of  the  Directors  named  in  and  by  an  act  of 
the  General  Assembly,  passed  at  the  May  Session,  one  thousand  se- 
ven hundred  and  eighty,  are  dead,  in  consequence  of  which  no  Board 
of  Directors  can  now  be  formed  to  carry  into  effect  all  the  provisions 
of  the  said  recited  act;  and  it  being  further  represented,  that  the  open- 
ing and  extension  of  certain  streets  within  the  said  City  of  Richmond, 
would  be  of  public  utility: 

4.  Be  it  therefore  enacted,  That  it  shall  and  may  be  lawful  for  the 
Common  Council  of  the  said  City,  from  time  to  time,  as  they  may 
deem  it  necessary,  to  extend  the  Cross  Streets  of  the  said  City  to  James 
River;  to  connect  that  part  of  the  Town  lying  on  the  east  side  of 
Shockoe  Creek,  with  that  on  the  west  side  thereof,  by  a  continuation 
of  the  several  streets  already  laid  out,  across  the  said  Creek,  till  their 
junction  with  each  other;  to  lay  out  and  extend  the  way  now  used  as 
a  street  from  the  northern  boundary  of  the  City  of  Richmond,  to  run 
by  Tate's  tan-yard,  to  the  Market  House,  and  from  thence  to  be  con- 
tinued along  the  western  side  of  Robert  Mitchell's  tenement,  where 
he  now  lives,  to  the  River;  and  also  to  extend  the  street  from  the  Shot 
Manufactory,  to  run  near  the  margin  of  the  river  to  Rockett's  Land- 
ing, as  the  same  is  now  used:  Provided  always.  That  none  of  the 
streets  hereby  authorised  to  be  opened  and  extended,  shall  exceed  one 
hundred  feet  in  width. 

5.  And  as  the  land  through  which  some  of  the  said  streets  may  be 
opened  as  aforesaid,  is,  at  this  time,  claimed,  as  well  by  sundry  indi- 
viduals, as  the  Corporate  Body  of  the  said  City ;  before  the  said  streets 
shall  be  laid  off  as  aforesaid,  the  said  Common  Council,  or  some  Mem- 
ber thereof  in  their  behalf,  shall  apply  to  the  Court  of  Henrico  County, 
for  a  writ  in  the  nature  of  a  writ  of  ad  quod  damnum;  which  Court 
shall  accordingly,  and  they  are  hereby  required  to  direct  their  Clerk 
to  issue  such  writ,  to  the  Sheriff  of  the  said  County  to  be  directed, 
commanding  him  to  summon  and  impannel  twelve  fit,  able  and  dis- 
creet freeholders  of  his  County,  residing  without  the  limits  of  the  said 
City,  and  having  no  freehold  therein,  and  who  are  no  ways  related  to 
any  person  claiming  as  a  proprietor,  such  land,  or  any  part  thereof,  to 
meet  on  or  near  the  said  land,  on  a  certain  day  to  be  named  by  the 
said  Court,  and  inserted  in  the  said  writ;  of  which,  notice  shall,  by 
the  said  Sheriff,  be  published,  at  the  expense  of  the  said  Corporate 
Body,  in  some  newspaper  printed  in  the  City  of  Richmond,  at  least 
twenty  days  previous  to  the  time  appointed  for  the  execution  of  the 
said  writ;  which  freeholders,  taking  nothing  of  meat  or  drink  from 
any  person  whomsoever,  from  the  time  they  shall  come  to  the  said 
place,  until  their  inquest  is  sealed,  shall  be  charged  by  the  said  Sher- 
iff, impartially,  and  to  the  best  of  their  skill  and  judgment,  to  vie\y 
the  lands  through  which  the  said  streets  are  proposed  to  be  opened, 
ihd  say,  all  circumstances  considered,  to  what  damage  it  will  be  to 


•Acts  of  Assembly.  27 

the  proprietor  or  proprietors  thereof,  if  such  streets  be  opened  through 
the  same;  and  if  the  said  inquest  cannot  be  completed  in  one  day,  the 
Sheriff  shall  adjourn  the  said  Jurors  from  day  to  day,  until  the  same 
shall  be  completed;  which  inquest,  sealed  by  the  Jurors,  together  with 
the  writ,  shall  be  returned  to  the  said  Court,  and  entered  among  the 
Records  thereof.  And  if  it  shall  be  finally  determined,  that  the  right 
to  the  land,  or  any  part  thereof,  through  which  the  said  streets  are 
proposed  to  be  opened,  is  not  in  the  Corporate  Body  of  the  said  City, 
the  damages  to  be  assessed  as  aforesaid,  together  with  legal  interest 
thereon  from  the  time  of  assessing  the  same,  shall  be  paid  by  the  said 
Corporate  Body,  to  the  person  or  persons  who  may  be  found  to  be  the 
proprietor  or  proprietors  of  such  land,  his,  her,  or  their  legal  repre- 
sentatives, and  upon  such  payment  being  made,  the  streets  so  to  be 
laid  off  as  aforesaid,  shall  be  taken  and  considered  as  streets  of  the  said 
City;  but  on  failure  to  make  such  payment,  it  shall  be  lawful  for  the 
proprietor  or  proprietors  of  the  land  so  to  be  taken  for  streets,  to  en- 
ter into  and  possess  the  same,  as  of  his,  her  or  their  proper  estate. 

6.  And  be  it  further  enacted,  That  the  proceedings  of  the  direc- 
tors, who  were  appointed  under  the  Act  of  Assembly  of  May,  one 
thousand  seven  hundred  and  eighty,  entitled,   "  An  Act  for  locating 
the  Public  Squares,  to  enlarge  the  Town  of  Richmond,  and  for  other 
purposes/'  be  recorded  in  the  Court  of  Hustings  of  the  City  of  Rich- 
mond. 

7.  This  act  shall  be  in  force  from  the  passing  thereof. 


CHAP.   XXI. 

An  Act,  to  ascertain  and  establish,  the  Limits  of  the  City  of 

Richmond. 

[January  30,  1805,  Ch.  96,  Ses.  Acts,  p.  57.] 

1.  BE  it  enacted  by  the  General  Assembly,  That  five  Commis- 
sioners shall  be  appointed  by  the  Executive  of  this  Commonwealth, 
who  shall  have  power  to  ascertain  and  establish  a  just  and  reasonable 
Boundary  to  the  City  of  Richmond;  which  Boundary  they  shall  re- 
port to  the  Common  Council  of  the  City,  and  all  ground  included 
within  the  Boundaries  described  by  the  said  Commissioners,  shall, 
in  five  years  from  the  passing  of  this  act,  be  deemed  a  part  of  the  City 
of  Richmond.  Provided  however,  That  where  any  lots  so  included 
shall  have  paid  City  Taxes,  the  lots  so  situated,  shall  be  deemed,  from 
the  passing  of  this  act,  a  part  of  the  City;  and  in  all  other  cases  where 
the  proprietor  of  lots  in  like  manner  included,  shall  notify  to  the  Com- 
mon Council,  in  writing,  his  willingness  to  pay  City  Taxes  on  any 
lot  or  lots,  the  said  lots  shall  immediately  after  such  notification,  be 
deemed  a  part  of  the  City  of  Richmond, 


38  Acts  of  Assembly. 

2.  Jlnd  be  it  further  enacted.  That  the  Common  Council  shall  be 
authorised  to  appoint  a  Surveyor,  who  shall  extend  the  streets  at  pre- 
sent laid  off,  to  the  Boundary  line,  and  shall  form  such  new  streets  as 
may  be  necessary  to  divide  the  ground  included  within  the  Boundary 
lines,  as  far  as  it  is  practicable  and  convenient,  into  squares  of  four 
half  acre  lots.  Provided  however.  That  the  streets  shall  not  be  run 
in  such  a  manner  as  to  include  ground  on  which  a  house  is  now  stand- 
ing, without  the. consent  of  the  owner,  who  shall  engage  to  remove  it; 
nor  shall  they  open  any  inclosure,  until  such  opening  shall  be  deem- 
ed necessary  by  the  Common  Council.  The  present  dividing  lines  of 
Jefferson,  Madison,  and  Monroe -Wards,  shall  be  extended  by  the 
Surveyor  in  a  direct  course  to  the  Boundary  lines,  and  a  plot  of  the 
Survey  shall  be  recorded  in  the  Hustings  Court. 

3.gThi8  act  shall  commence  and  be  in  force  from  the  passing  thereof). 


CHAP.  XXII. 

An  Jlct)  establishing  the  width  of  certain  Streets  in  the  City 
of  Richmond,  and  for  other  purposes. 

[January  8,  1807,  Ch.  88,  Ses.  Acts,  p.  35.] 

1.  BE  it  enacted  by  the  General  Assembly,  .That  all  the  streets 
on  the  north  side  of  the  Main  street  in  that  part  of  the  City  of  Rich- 
mond, which  by  virtue  of  two  acts  of  Assembly,  one  passed  in  the 
year  one  thousand  seven  hundred  and  seventy-nine,"  and  the  other  in 
the  year  one  thousand  seven  hundred  and  eighty,  were  by  certain  per- 
sons in  the  said  acts  denominated  Directors  of  the  Public  Buildings, 
added  to  the  eastern  part  of  the  then  Town  of  Richmond,  shall  be  and  are 
hereby  established  of  the  width  of  sixty-six  feet,  as  the  same,  from  stones 
placed  at  the  corners  of  each  square  therein,  appear  to  have  been  ac- 
tually surveyed  and  marked. 

2.  And  be  it  further  enacted,  That  the  Common  Council  of  the 
said  City,  shall  be  and  are  hereby  authorised  to  lay  off  in  that  part  of 
the  said  addition  which  lies  south  of  the  said  Main   street,   such 

-streets  and  ways  as  to  them  shall  seem  necessary  and  proper,  having 
respect  to  the  Buildings  which  have  been  placed  or  erected  in  that 
part  of  the  said  City;  any  act  or  proceedings  of  the  said  Directors  tr 
the  contrary  notwithstanding. 

3.  This  act  shall  be  in  force  from  the  passing  thereof. 


rfcts  of  Assembly.  29 

CHAP.   XXIII. 

*4n  Jlct,  cncreasing  the  number  of  Magistrates  within  the  Ci- 
ty of  Richmond,  and  for  other  purposes  therein  mentioned. 

[February  6,  1808.   Ch.  94.   Ses.  Acts,  p.  79.] 

1.  BE  it  enacted  by  the  General  .Assembly,  That  from  the  passing 
of  this  act,  the  freeholders  and  inhabitants  of  the  City  of  Richmond, 
duly  qualified  to  vote  for  Common*  Councilmen,  shall  annually  on  the 
day  and  in  the  manner  prescribed  by  Law,  for  electing  them,  elect 
nine  persons  for  each  Ward  in  the  said  City,  being  residents  within 
such  Ward.  'The  persons  thus  elected,  or  a  majority  of  them,  shall  in 
the  manner  also  prescribed  by  Law,  elect  one  person  to  act  as  Mayor, 
another  as  Recorder,  and  ten  others  as  Aldermen,  and  the  remaining 
fifteen  of  whom  shall  be  a  Common  Council  of  the  said  City.    The 
powers  and  duties  of  the  Mayor,  Recorder,  Aldermen  and  Common 
Council  of  the  said  City,  shall  be  and  remain  as  the  same  were  here- 
tofore granted  to  and  exercised  by  them,  except  in  those  cases,  where 
they  shall  be  particularly  altered  by  this  act. 

2.  The  Court  of  Hustings  of  the  said  City,  shall  hereafter  be  autho- 
rised as  well  at  their  Monthly  as  Quarterly  Terms,  to  try  Presentments 
of  the  Grand  Jury,  and  Informations  and  other  Pleas  on  behalf  of  the 
Commonwealth,  in  like  manner  as  the  same  may  now  be  heard,  tried 
and  determined  at  their  Quarterly  Courts. 

3.  Jlnd  be  it  further  enacted,  That  the  Master  of  Police,  now  or 
hereafter  to  be  appointed,  for  the  said  City,  may,  and  shall,  during  his 
continuance  in  office,  have  and  exercise  within  the  limits  of  the  City, 
all  power  and  authority,  which  is  possessed  or  can  be  exercised  by  a 
Magistrate  of  the  said  City,  with  this  exception  only,  that  he  shall  not 
sit  as  a  Magistrate  in  Court,  or  hear  or  determine  any  civil  case  out  of 
Court.   And  if  in  any  case,  a  Magistrate  of  the  said  City  shall  be  ap- 
pointed a  Police  Master,  such  appointment  is  hereby  declared  to  va- 
cate that  of  a  Magistrate,  and  the  vacancy  thereby  occasioned  shall  be 
supplied  as  in  other  cases. 

4.  The  said  Court  of  Hustings  shall  be,  and  hereby  is  authorised, 
so  soon  as  the  term  for  which  Constables  have  been  appointed  for  the 
said  City  shall  expire,  to  appoint  one  fit  and  proper  person,  to  serve 
as  Constable  for  the  said  City  for  the  term  of  one  year;  and  every  per- 
son so  appointed,  shall  at  the  same  time,  or  the  next  term  of  the  said 
Court,  take  the  oath  required  to  be  taken  by  a  Constable,  and  enter 
into  bond  with  sufficient  security,  to  be  approved  by  the  Court,  in  the 
penalty  of  five  thousand  dollars,  with  such  condition  as  is  now  pre- 
scribed by  Law  in  such  cases;  and  at  the  end  of  the  term  for  which 
any  Constable  shall  be  appointed  for  the  said  City,  or  in  case  of  the 
death,  resignation  or  removal,  of  any  Constable  thereof,  the  said  Court 
shall  make  a  new  appointment  of  a  Constable,  who  shall  take  an  oath, 
and  enter  into  bond  with  security  as  aforesaid.    Constables  to  be  ap- 
pointed by  virtue  of  this  act,  shall  be  entitled  to  the  same  fees,  and 
have  and  exercise  the  same  powers  and  duties,  and  be  subject  to  the 
same  pains  and  penalties,  as  are  prescribed  by  Law  as  to  other  Con- 


50  Acts  of  Assembly. 

Stables;  and  shall  be  authorised,  with  the  approbation  of  the  Court  to 
appoint  a  Deputy  or  Deputies,  who  may  at  any  time  be  removed  from 
office  by  the  Court  for  good  cause  to  them  shewn. 

5.  And  be  it  further  enacted,  That  the  Notaries  Public  within  the 
said  City,  shall  be  and  hereby  are  authorised  to  examine  and  take  the 
affidavits  or  depositions  of  witnesses,  in  like  manner  as  the  same  may 
be  now  taken  by  Magistrates  of  the  City,  and  which  shall  be  consi- 
dered as  valid  and  effectual,  as  if  the  same  were  taken  or  received  by 
the  said  Magistrates;  and  if  any  person  sworn  by  a  Notary  Public, 
shall  give  any  evidence  under  such  circumstances,  as  would  have  con- 
stituted the  same  to  be  purjury,  if  done  before  a  Magistrate,  the  same 
shall  be  deemed  perjury,  to  all  intents  and  purposes.   The  said  Nota- 
ries, for  receiving  or  taking  the  affidavits  or  depositions  of  witnesses, 
shall  be  allowed  and  paid  by  the  person,  at  whose  instance,  the  ser- 
vices are  rendered,  seventy-five  cents  for  each  affidavit  or  deposition 
so  taken,  and  in  all  cases  where  the  affidavits  or  depositions  so  taken, 
shall  be  filed  in  causes  in  a  Court  of  Record,  the  aforesaid  fees  shall 
be  taxed  in  the  bill  of  costs,  and  recovered  by  the  party  prevailing. 
Provided,  That  no  charge  shall  be  made  or  taxed,  on  the  Notarial 
Seal,  which  shall  be  affixed  to  any  of  the  said  affidavits  or  depositions. 

6.  This  act  shall  be  in  force,  from  the  first  Wednesday  in  April 
next. 


CHAP.  XXIV. 

An  Act,  to  reduce  the  width  of  certain  Streets  on  Shockoe  Hill 
in  the  City  of  Richmond. 

[February  3,  1809.   Ch.  89.  .Ses.  Acts,  p.  83.] 

1 .  BE  it  enacted  by  the  General  Assembly,  That  all  the  streets 
on  Shockoe  Hill  in  the  City  of  Richmond,  except  the  one  known  in 
the  plan  of  the  said  City  as  H  street,  and  that  part  of  E  street,  which 
is  Eastward  of  the  street  leading  from  the  Capitol  into  said  E  street 
by  Harris's  brick  building,  shall  henceforward  be  reduced  to  the  width 
of  sixty-six  feet;  any  thing  in  the  proceedings  of  the  Directors  of  the 
Public  Buildings,  or  any  act  of  the  General  Assembly  to  the  contrary 
notwithstanding;  and  the  ground  exceeding  the  width  of  sixty-six  feet, 
heretofore  considered  as  forming  any  part  of  the  said  streets,  shall 
henceforward  be  annexed  to  the  respective  squares,  so  as  to  increase 
each  square  upon  Shockoe  Hill  to  two  acres. 

2.  And  be  it  further  enacted,  That  the  ground  hereby  taken  from 
the  streets  and  added  to  the  squares,  shall  be  vested  in  fee  simple  in 
the  person  who  has  the  like  estate  in  the  ground  which  is  at  present 
bounded  by  such  street,  so  as  to  bound  his  ground  by  the  same  streets 
after  the  width  of  such  streets  shall  be  reduced  as  before. 

3.  All  acts  and  parts  of  acts,  coming  within  the  purview  of  this  act, 
shall  be  and  the  same  are  hereby  repealed. 

4.  This  act  shall  commence  and  be  in  force  from  and  after  the  pasa^ 
ing  thereof. 


of  Assembly,  31 

CHAP.  XXV. 

Jin  Act,  providing  for  the  Pavement  of  the  Streets  within, 
the  City  of  Richmond. 

[February  7,  1811,  Ch.  21,  Ses.  Acts,  p.  27.] 

1.  BE  it  enacted  by  the  General  Assembly,  That  it  shall  and 
may  be  lawful  for  the  Common  Council  of  the  City  of  Richmond, 
-whenever  they  may  deem  it  proper,  or  whenever  a  majority  of  the 
owners  of  lots  on  any  particular  street  or  square,  or  a  part  of  a  street 
or  square,  shall  in  writing  under  their  hands,  petition  the  said  Com- 
mon Council  for  that  purpose,  to  cause  any  street  or  square  or  part 
of  any  street  or  square  within  the  said  City  to  be  properly  paved: 
And  the  said  Common  Council  shall  have  power  and  authority  to  lay 
taxes  in  order  to  raise  funds  sufficient  to  meet  the  expenses  of  the 
said  pavement.  Provided,  That  the  owner  or  owners  of  any  lot  or 
lots  upon  such  street  or  square  so  to  be  paved  shall  not  be  compelled 
to  pay  more  than  two-thirds  of  the  expense  of  paving  such  street  or 
square,  or  part  of  such  street  or  square. 

2.  Jind  be  it  further  enacted.  That  the  said  Common  Council 
shall  be,  and  they  are  hereby  authorised  and  impowered  to  appoint 
and  employ  some  discreet  person  of  skill  and  experience  in  graduating 
and  paving  streets  (whose  salary  shall  be  estimated  and  included  in 
the  general  expense)  whose  duty  it  shall  be,  under  the  direction  of 
the  said  Common  Council,  or  of  any  person  or  persons  appointed  by 
them  to  graduate  and  level  the  streets  and  superintend  the  pavement 
thereof. 

3.  The  said  Common  Council  shall  have  power  to  appoint  a  Collec- 
tor, who  in  collecting  the  said  taxes,  may  proceed  against  the  goods 
and  chattels  of  the  party  so  taxed  in  the  same  mode,  that  distress  and 
sale  for  payment  of  public  taxes  is  now  made.   The  said  Collector 
shall    give    bond   and    security   to    said    Common    Council    for   the 
faithful  discharge  of  the  duties  of  his  Office,  and  may  be  proceeded 
against  in  like  manner  as  is  provided  against  the  Collector  of  public 
taxes. 

4.  When  the  owner  of  any  lot  situated  on  any  street  or  square  thus 
paved,  or   begun  to  be  paved,  shall  reside  out  of  the  limits  of  said 
City,  and  such  lot  may  be  in  the  occupancy  of  any  other  person, 
such  person  being  so  in  possession  shall  be  liable  for  the  tax  on  said 
lot,  and  shall  be  allowed  to  deduct  the  same  from  the  accruing  rent. 

5.  In  every  case  of  non-residence,  where  the  property  subject  te 
the  tax  so  to  be  imposed,  shall  be  vacant,  and  the  proprietor  thereof 
shall  have  no  property  within  the  Corporation  subject  to  distress,  and 
sufficient  to  raise  the  tax  due,  it  shall  be  lawful  for  the  said  Collector 
in  the  name  of  the  Corporation  to  recover  the  amount  of  the  tax  so 
due  from  such  person  or  persons  by  motion  in  a  summary  way  before 
any  Court  within  this  Commonwealth,  ten  days  notice  of  such  motion 
being  given  to  the  person  or  persons  chargeable  with  the-  amount  of 
such  taxes. 


32  Acts  of  Assembly. 

6.  *ftnd  be  it  further  enacted,  That  all  power  which  may  be 
necessary  in  the  Common  Council  to  carry  this  act  fully  into  effect, 
shall  be,  and  the  same  is  hereby  given  to  that  body. 

s  act  shall  commence  and  be  in  force  from  the  passing  thereof. 


CHAP.   XXVI. 

Jin  Act,  concerning  the  Constable  for  the  City  of  Richmond^ 
and  for  other  purposes. 

[February  19,  1812,  Ch.  91,  Ses.  Acts,  p.  122.] 

WHEREAS  doubts  exist  in  regard  to  the  operation  of  the  fourth 
section  of  an  act  which  passed  on  the  sixth  day  of  February,  one 
thousand  eight  hundred  and  eight,  entitled,  "  An  act,  for  increasing 
the  number  of  Magistrates  within  the  City  of  Richmond,  and  for 
other  purposes  therein  mentioned;"  which  section  relates  to  the  pow- 
ers and  duties  of  Constables;  and  whereas,  the  City  of  Richmond  be- 
ing within  the  limits  of  the  County  of  Henrico,  the  County  Consta- 
bles assume  and  exercise  within  the  said  City  the  powers  and  duties 
which  were  given  to  the  Constables  appointed  by  the  County  Courts 
by  an  act  which  passed  on  the  tenth  day  of  January,  one  thousand 
eight  hundred  and  seven,  entitled,  "An  act,  to  amend  an  act,  con- 
cerning Constables;"  for  remedy  and  explanation  whereof, 

1.  Be  it  enacted  by  the  General  Assembly,  That  in  future  it  shall 
not  be  lawful  for  any  Magistrate  of  the  County  of  Henrico  to  issue  a 
warrant  for  the  recovery  of  any  debt  or  damages  by  one  citizen  of  the 
said  City  of  Richmond  against  another  citizen  of  the  same  City;  but 
such  debts  or  damages  shall   alone  be  cognizable  before  the  Magis- 
trates of  the  said  City  of  Richmond.   And  it  shall  not  be  lawful  for 
any  Constable  appointed  by  the  Court  of  Henrico  to  execute  any  war- 
rant in  any  such  case,  or  to  levy,  within  the  said  City,  an  execution 
issued  upon  a  judgment  obtained  thereon. 

2.  find  be  it  further  enacted,  That  if  any  Constable  appointed  by 
the  Court  of  Henrico  shall  presume  to  execute  any  warrant  issued  by 
a  Magistrate  of  the  City  of  Richmond,  or  to  levy  within  the  said  City 
any  execution  issued  upon  a  judgment  rendered  on  such  warrant,  eve- 
ry Constable  so  offending  shall  incur  the  like  pains  and  penalties,  to 
be  recovered  in  like  manner,  as  are  provided  by  an  act  passed  on 
the  tenth  day  of  January,  1810,  entitled,  "An  act,  to  amend  an  act. 
concerning  Constables,"    against   Constables   executing   warrants  or 
levying  executions  in  the  districts  of  other  Constables. 

3.  All  acts  and  parts  of  acts  coming  within  the  purview  of  this  ac^ 
shall  be  and  the  same  are  hereby  repealed. 

4.  Provided  always.  That  nothing  in  this  act  contained  shall  be 
construed  to  prevent  the  Constables  of  the  County  of  Henrico  from 
executing  all  warrants  now  in  their  hands  respectively,  nor  from  levy- 
ing executions  issued  upon  judgments  obtained  thereon." 

6.  This  act  shall  commence  and  be  ia  force  from  the  passage  thereof. 


Acts  of  Assembly.  33 

CHAP.   XXVII. 

Act,  concerning  the  Common  Hall  of  the  City  of  Rich- 
mond. 

[February  1,  1813,  Ch.  65,  Ses.  Acts,  p.  93.] 

1.  BE  it  enacted  by  the  General  Assembly,  That  the  Common 
flail  of  the  City  of  Richmond  be  and  is  hereby  empowered  to  lease, 
sell,  or  use,  a  certain  piece  or  parcel  of  land,  lying  in  the  said  City, 
which  was  ceded  by  William  Byrd,  in  the  year  1742,  as  a  Common, 
for  the  use  of  the  inhabitants  of  the  Town  of  Richmond,  forever,  in 
such  manner,  as  the  said  Common  Hall  may  think  most  to  the  advan- 
tage of  the  said  City;  and  the  proceeds  or  profits  arising  therefrom 
shall  be  applied  by  the  said  Common  Hall  as. the  other  funds  of  the 
said  City.  Provided,  however,  That  nothing  in  this  act  shall  be  so 
construed,  as  to  affect,  in  any  manner,  the  property  lying  in  said  City, 
touching  which  a  suit  is  how  depending  in  the  Richmond  Chancery 
Court,  between  Richard  Adams,  the  heirs  of  the  late  William  Byrd, 
and  the  Corporation  of  the  said  City  of  Richmond,  or  to  affect  the  pri- 
vate rights  of  any  person  or  persons  whatsoever. 

2.  This  act  shall  commence  and  be  in  force  from  the  passing  thereof. 


CHAP.   XXVIII. 

An  Act,  concerning  the  Public  Property  in  the  City  of  Rich- 
mond. 

[February  28,  1816,  Ch.'14,  Ses.  Acts,  p.  28.] 

7.  And  be  it  further  enacted,  That,  for  the  proper  regulation  of 
the  Police  of  the  Public  Square,  after  the  same  shall  have  been  en- 
closed, the  Corporation  of  the  City  of  Richmond  shall  be.  and  they 
are  hereby  empowered  to  enact  and  to  enforce  such  Ordinances  in  re* 
lation  thereto,   as  they  may  deem  proper,  subject  however  to  be  ap- 
proved, altered,  suspended  and  repealed  by  the  Executive  at  their  dis- 
cretion.  They  may  also,  subject  in  like  manner  to  the  control  of  the 
Executive,  grant,  or  refuse  licenses  for  the  sale- of  refreshments  there- 
in, between  such  hours  in  the  day  as  they  may  prescribe,  and  charge 
for  such  licenses  such  price  as  may  seem  to  them  reasonable;  the  pro- 
ceeds of  such  licenses  to  be  applied  to  the  maintenance  of  a  Keeper  or 
Superintendent  of  the  Public  Square,  who  shall  be  appointed  by  the 
said  Corporation;  be  paid  thereby  for  his  services,  and  be  charged 
with  the  preservation  of  the  turf,  walks,  and  trees  of  the  said  Square: 
Provided,  That  nothing  herein  contained  shall  be  deemed  to  impair  the 
full  and  perfect  title  of  the  Commonwealth  in  and  to  the  said  Square; 
or  the  right  of  the  Commonwealth  to  sell,  or  otherwise  dispose  of  the 
Same  at  any  future  period. 

8.  This  act  shall  commence  and  be  in  force  from  the  passage  thereof* 


.34  *&cts  of  Assembly. 

CHAR  XXIX. 

Act,  authorizing  the  Common  Hall  of  the  City  of  Rich- 
mond to  change  the  width  and  bearings  of  the  Street  therein 
mentioned. 

[February  19,  1816.   Ch.  93.   Ses.  Acts,  p.  213.] 

1.  BE  it  enacted  by  the  General  Assembly •,  That  the  Common 
Hall  of  the  City  of  Richmond  is  hereby  authorized  and  empowered 
to  make  such  changes  in  the  width  and  bearings  of  so  much  of  eleventh 
street,  as  is  situated  between  the  streets  designated  by  the  letters  D 
and  E,  as  to  them  may  seem  proper:  Provided  however,  That  nothing 
"herein  contained  shall  be  construed  to  authorize  the  said  Common  Hall 
to  levy  any  tax  on  the  inhabitants  of  the  said  City,  in  consequence  of 
such  changes. 

2.  This  act  shall  be  in  force  from  the  passing  thereof. 


CHAP.  XXX. 

dn  Act,  authorizing  the.  Common  Hall  of  the  City  of  Rich- 
mond to  make  certain  changes  in  the  Streets  of  the  said 
City. 

[February  3,  1817.  Ch.  107.  Ses.  Acts,  p.  168.] 

WHEREAS  it  is  represented  to  the  General  Assembly,  that  the 
changes  herein  authorized  to  be  made  in  certain  streets  in  the  City  of 
Richmond,  will  be  advantageous  to  the  said  City,  and  that  the  consent 
of  the  persons  whose  property  may  be 'affected  thereby  has  been  ob- 
tained; 

1.  BE  it  therefore  enacted  by  the  General  Jtesembly,  That  the 
Common  Hall  of  the  City  of  Richmond  be  and  the  same  is  hereby 
authorized  and  empowered,  to  extend  a  certain   street  in  the  said 
City,  called  D  street,  from  its  present  termination  at  25th  street,  to 
Rocketts  street ;  also  to  discontinue  or  put  down  Pine  street,  and  to 
make  such  changes  in  Oak  street,  as  to  the  said  Common  Hall  may 
si>< '111  proper  or  necessary:  Provided  however.  That,  in  the  execution 
of  this  act,  it  shall  not  be  lawful  for  the  Common  Hall  of  the  said  City 
of  Richmond  to  affect  the  estate  or 'property  of  any  person  whatso- 
ever, unless  the  consent  of  such  person  to  the  proposed  alteration,  ac- 
cording to  the  provisions  of  this  act,  shall  have  been  first  obtained,  and 
ontered  of  record  in  the  Hustings  Court  of  the  City  of  Richmond. 

2.  This  act  shall  be  in  force  from  and  after  the  passing  thereof. 


Acts  of  Assembly.  35 

CHAP.   XXXI. 

An  Act,  reducing  into  one  act  the  several  acts  concerning  the* 
election  of  Members  of  the  General  Assembly  ^  and  for  other 
purposes. 
[January  27,  1818.— January  1,  1819.   Ch.  51.    1  R.  C.  p.  155.] 

13. — The  Mayor  of  the  City  shall  conduct  the  election  of  Delegate, 
Senator,  and  Member  of  the  House  of  Representatives,  of  the  United 
States. 

15. — And  if  the  Mayor,  shall,  by  death  or  any  other  cause  what- 
ever, be  unable  to  attend  and  conduct  the  election  according  to  the 
provisions  of  this  act,  then  the  Recorder,  or  if  there  be  no  Recorder, 
or  he  be  unable  to  attend,  the  Senior  Alderman  capable  of  attending 
shall  attend  and  conduct  such  election  according  to  Law. 

17.  The  said  Magistrates,  Recorder  or  Alderman,  in  case  of  refu- 
sal, shall  be  subject  to  all  the  penalties  to  which  Sheriffs  are  liable,  and 
shall  be  entitled. to  the  same  compensation. 

40.  The  Sheriffs  and  other.  Officers  conducting  an  election  for  a  Se- 
nator to  the  General  Assembly,  [or  Member  of  the  House  of  Repre- 
sentatives of  the  United  States,  (Act,  February  6,  1813.  Ch.  50.  1  R. 
C.  p.  150,)]  shall  be  allowed  one  dollar  and  sixty-seven  cents  per  day, 
for  each  day  on  which  they  shall  necessarily  attend  to  compare  the 
different  polls;  and  four  cents  per  mile  for  travelling  to  and  from  the 
place  appointed  for  that  purpose,  besides'  ferriages;  to  be  paid  out  < ..." 
the -Treasury,  on  warrant  from  the  Auditor  of  Public  Accounts.*  • 

*  ^Sce  Ante  Ch.  XIV.  p.  19. 


CHAP.  XXXII. 

An  Act,  concerning  the  Court  of  Hustings  for  the  City  of 

Richmond. 

[February-2,  1818.   Ch.  99.   Ses.  Acts,  p.  166.] 

WHEREAS  it  is  represented  to  the  General  Assembly,  that  it 
may  become  necessary  to  hold  the  Hustings  Court  for  the  City  of 
Richmond  in  some  other  place  than  the  Court-House  of  the  County  of 
Henri co,  wherein  it  is  now  authorised  to  be  holden  by  Law;*  and 
doubts  exist -whether  any  removal  can  be  effected  without  the  sanction 
of  the  Legislature: 

1.  BE  it  therefore  enacted  by  the  General  Assembly,  That  the 
said  Court  of  Hustings  be  and  the  same  is  hereby  authorised,  at  any 
Session  thereof  after  the  passing 'of  this  act,  by  order  entered  of  re- 
cord, to  direct  public  notice  to  be  given  in  the  said  City,  that  the  Ses- 
sions of  the  said  Court  will  be  in  future  held  in  the  Court-House  now 

*  See  Ante  Ch.  IX.  Sec.  3,  p.  13,  and  the  Order  of  the  Zf«.?tf;»j*  Court,  July  15, 1782, 
and  of  the  County  Court  of  Jfsnrico,  August,  5,  .1 


36  .Acts  of  Assembly. 

building  in  the  said  City,  or  in  such  other  place  within  the  same,  as 
the  said  Court  may  appoint  and  adjourn  to,  and  to  make  a  similar  or- 
der whenever  hereafter  it  shall  in  the  judgment  of  the  said  Court  be 
proper  so  to  do.  And  that  all  proceedings  of  the  said  Court  shall  be 
as  valid,  and  have  the  same  effect,  as  they  would  or  might  have  had 
if  the  said  Court  had  sat  in  the  house  formerly  made  use  of  for  hold- 
ing the  Sessions  thereof. 

2.  This  act  shall  be  in  force  from  the  passing  thereof. 


CHAP.    XXXIII. 

Jin  Act,  extending  the  Jurisdiction  of  the  Magistrates  of  the 
City  of  Richmond,  and  for  other  purposes. 

[March  2,  1819,  Ch.  118,  Ses.  Acts,  p.  158.] 

1.  WHEREAS  an  application  has  been  made  to  the  General  As- 
sembly of  Virginia,  by  the  Common-Hall  and  Citizens  of  the  City  of 
Richmond,  to  enlarge  the  jurisdiction  of  the  Magistrates  of  the  said 
City,  and  to  authorize  the  Common-Hall  to  make  them  compensation 
for  their  services: 

2.  Be  it  therefore  enacted,  That  a  Mayor  shall  be  annually  ap- 
pointed for  the  said  City  in  the  mode  now  prescribed  by  law,  except 
that  he  may  be  chosen  from,  the  body  of  the  Citizens  of  the  said  City, 
or  from  the  Members  of  the  Common-Hall,  as  the  electors  may  think 
best:  if  elected  from  the  Members  of  the  Common-Hall,  the  vacancy 
occasioned  by  his  appointment,  shall  be  filled  by  the  Hall,  from  the; 
Ward  in  which  the  Mayor  elected  shall  have  resided. 

3.  If  the  person  elected  Mayor,  shall   refuse  or  omit   from  any 
cause  to  qualify  to  his  appointment  for  the  space  of  one  month  after 
his  election,  the  Hall  may  proceed  as  soon  thereafter  as  they  may  think 
fit  to  elect  another  in  his  place,  and  may  proceed  from  time  to  time  to  a 
new  election,  whenever,  for   the  cause  aforesaid,  it  shall    in    their 
opinion  be  proper  so  to  do. 

4.  The  Mayor  may  be  re-elected  from  year  to  year  without  limita- 
tion: He  shall  keep  an  Office  in  some  convenient  part  of  the  City,  and 
shall  be  the  Keeper  of  the  Seal   of  the  Corporation;  his  jurisdiction 
shall  extend  to  all  breaches  of  the  peace  committed  within  the  juris- 
diction of  the  City,  and  to  all  infractions  of  the  City  Ordinances,  and 
his  j ii figments  touching  the  same  shall  be  final:  Provided,  however, 
That  if  the  party  prosecuted  for  a  breach  of  the  peace,  before  the  said 
Mayor,  shall  pray  an  appeal  from  the  judgment  or  sentence  of  the 
said  Mayor,  to  the  next  Court  to  be  held  for  the  said  City,  having 
cognizance  of  Such  cases,  the  appeal  shall  be  allowed  and  certified  by 
the  said  Mayor  to  such  Court,  provided  that  the  party  praying  such 
appeal  do  acknowledge,  before  the  said  Mayor,  a  recognizance  in  a 
reasonable  penalty  with  sufficient  security  to  appear  at  such  Court  on 
the  first  day  thereof  and  there  to  remain  until  discharged  by  duo, 
course  of  law,  which  recognizance  shall  be  returned  Ccurl  by 


Acts  &f  Assembly.  37 

the  Mayor,  and  filed  with  the  said  certificate  of  appeal.  In  all  such 
cases  of  appeal,  it  shall  be  the  duty  of  the  said  Mayor  to  take  a  re- 
cognizance from  the  witnesses,  on  the  part  of  the  prosecution,  to  ap- 
pear at  the  Court  to  which  such  appeal  shall  be  certified,  on  the  first 
day  thereof,  and  there  to  remain  until  discharged  by  the  Court;  which 
recognizance  shall  also  be  returned  to  the  said  Court,  with  the  certifi- 
cate of  appeal.  The  said  Mayor  shall  superintend  and  control  the  Offi- 
cers of  Police  and  the  Night  Watch,  in  the  said  City,  pursuant  to  the 
Ordinances  now  in  force,  or  which  may  be  hereafter  passed  by  the 
Common  Hall. 

5.  In  case  of  the  death,  resignation,  inability  or  absence  of  the  said 
Mayor  from  the  said  City,  or  his  refusal  or  omission  to  qualify,  the 
Recorder,  or,  in  case  of  his  death,  resignation,  inability,  absence,  re- 
fusal or  omission  to  qualify  as  •  aforesaid,  the  Senior  Alderman  shall 
possess  and  exercise  all  the  powers  of  the  Mayor. 

6.  The  Mayor,   Recorder  and  Aldermen  of  the  said  City  shall 
henceforth  receive  for  their  services  a  compensation,  to  be  fixed  by 
the  Common-Hall,  and  to  be  paid  out  of  the  funds-of  the  City. 

7.  The  elections  of  Members  of  the  Common-Hall  in  the  respec- 
tive Wards  of  the  said  City,  shall  in  future  be  held  on  the  second 
Wednesday  in  April  in  each  year,  instead  of  the  time  now  prescribed 
by  la\v.     [See  *lnt<>  p.  22,  Note'.] 

8.  All  and  every  act  or  acts,  parts  or  clauses  of  acts  coming  within 
the  purview  of  tliis  act  shall  be,  and  the  same  are  hereby  repealed. 

9.  This  act  shall  commence  and  be  in  force  from  and  after  the  pas- 
sing thereof, 


CHAP.   XXXIV. 

$n  Act,  to  amend  an  act,  concerning  the  Constables  for  the: 
City  of  Richmond. 

[February  18,  1820,  Ch.  112,  Ses.  Acts,  p.  90.] 

1 .  BE  it  enacted  by  the  General  Assembly,  That  all  writs  of 
Capias  ad  Satisfaciendum  hereafter  to  be  issued  by  the  Clerk  of  the 
Hustings  Court  for  the  City  of  Richmond,  upon  judgments  obtained 
before  any  Magistrate,  may  be  directed  to  the  Constable  of  the  said 
City,  who  shall  execute  the  same  in  like -manner  as  the  Serjeant  of 
the  said  City  is  now  required  to  execute  such  process;  and  that  the 
Court  of  Hustings  for  the  said  City  be  authorised  and  required  to  take 
such  additional  security  of  the  said  Constable,  as  to  the  said  Court 
may  seem  necessary. 

2.  This  act  shall  commence  and  be  in  force  from  and  after  the  pas- 
sing thereof. 


38  Jlcts  of  Assembly. 

CHAP.  XXXV. 

Jin  Act  to  authorise  the  Common  Council  of  the  City  of 
Richmond,  to  recognize  and  establish  certain  Streets  with- 
in the  limits  of  said  City. 

[January  22,  1828,  Ch.   129,  Ses.  Acts,  p.  96.] 

WHEREAS,  doubts  have  been  entertained  whether  the  Common 
Council  of  the  City  of  Richmond,  can  rightfully  exercise  jurisdiction 
over  certain  Streets,  Lanes  and  Alleys  in  said  City,"  ceded  by  individ- 
uals to  the  use  of  the  Public,  but  which  are  not  laid  down  in  the 
original  plan  of  the  Town: 

1.  Be  it  therefore  enacted  by  the  General  Assembly,  That  the 
Common  Council  of  the  City  of  Richmond  be,  and  they  are  hereby 
authorised  to  exercise  jurisdiction  over  any  Street,  Lane  or  Alley,  in 
said  City,  which  has  heretofore  been,  or  may  hereafter  be  ceded  to 
the  Public  by  individuals,  in  as  full  and  complete  a  manner,  as  that  ex- 
ercised over  Streets,  Lanes  and  Alleys,  laid  off  in  the  original  plan  of 
said  City:  and  that  the  said  Common  Council  be  authorised  from  time 
to  time,  as  they  may  deem  it  expedient,  to  ascertain  the  lines,  and 
width  of  said    Streets,   Lanes  or  Alleys,   and   to  receive,  recognize 
and  establish  the  same,  to  all  intents  arid  purposes,  as  fully  and  effec- 
tually as  any  other  Streets,  Lanes  or  Alleys,  in  said  City. 

2.  This  act  shall  commence  and  be  in  force  from  the  passing  thereof. 


CHAP.    XXXVI. 

An  Act,  to  authorise  the  Common  Council  of  the  City  of 
Richmond  to  cause  said  City  to  be  supplied  with  Water  in 
certain  cases,  and  to  impose  taxes  to  defray  the  expense 
thereof. 

[January  29,  1829,  Ch.  129,  'Ses.  Acts,  p.  127.] 

1.  BE  it  enacted  by  the  General  Assembly,  That  whenever  two- 
thirds  of  the  owners  of  lots  on  any  street  or  square,  or  part  of  any 
street  or  square  in  the  City 'of  Richmond,  the  assessed  value  of  which 
said  lots  with  their  improvements,  shall  amount  to  at  least  two-thirds 
of  the  assessed  value  of  all  the  real  property  on  any  such  street  or  square, 
or  any  part  of  such  street  or  square,  shall  in  writing,  signed  by  their 
own  proper  hands,  petition  the  Common  Council  of  said  City,  to  cause 
any  such  street  or  square,  or  part  of  any  such  street  or  square  in  said 
City  to  be  watered  through  iron  or  wooden  pipes,  the  Common  Coun- 
cil of  said  City  shall  be,  and  they  are  hereby  authorised,  if  to  them 
it  shall  seem  proper,  to  cause  said  work  to  be  executed,  and  to  in- 
demnify the  Corporation  for  any  sum  or  sums  of  money  which  may 


ORDINANCES 


OF  THE 


CHAPTER  I. 

An  Ordinance,  prescribing  an  Oath'of  Office,  of  a  Common 

Councilman. 

[Passed  July  19,  1827.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond,  in  Common  Hall  assembled.  That  every 
person  who  may  hereafter  be  elected  into  the  Common  Council  of  the 
said  City,  shall  take  the  following  oath :   "I  A.  B.  do  swear,  (or  affirm, 
as  the  case  may  he)  that  I  will,  well  and  truly  execute  the  Office  of  a 
Common  Councilman  of  the  City  of  Richmond,  to  the  best  of  my 
skill  and  judgment,  without  favor,  affection  or  partiality,  malice,  ha- 
tred or  ill  will;  and  that  I  will  endeavor,  as  long  as  I  enjoy  the  Office 
aforesaid,  to  exercise  the  same,  to  the  utmost  advantage  of  the  said 
City.   So  help  me  God.'' 

2.  The  oath  aforesaid,  shall  be  administered,  in  the  Court  of  Hust- 
ings, or  in  the  Common  Hall  by  the  Clerk  thereof;  of  the  administer* 
ing  of  which,  an  entry  shall  be  duly  made,  in  the  Records  of  the  said 
Court,  or  proceedings  of  the  said  Hall. 

3.  No  person  hereafter  elected  to  the  Common  Council,  shall  act  aar 
a  Member  thereof,  until  he  shall  have  taken  the  oath  aforesaid. 

4.  This  Ordinance  shall  commence  and  be  in  force,  from  and  after 

aio  first  of  January,  one  thousand  eight  hundred  and  twenty-eight* 
6 


42  Ordinances  of  the  City. 

CHAP.  II. 

An  Ordinance,  for  the  regulation  of  the  Streets,  Lanes  and 
Jllleys  within  the  City  of  Richmond^  and  for  other  pur- 
poses. 

~  [Passed  August  23,  1827.] 

1.  BE  it  Ordained,  and  it  is  hereby  Ordained  by  the  President 
and  Common  Council  of  the  City  of  lliclimond  in  Common  Hall 
assembled,  That  immediately  after  each  annual  election  of  Members 
of  the  Court  of  Hustings,  there  shall  be  appointed  out  of  the  Mem- 
bers of  the  Common  Council  elected  for  each  Ward  in  this  City,  at 
least  three  persons,  and  the  nine  persons  thus  appointed,  shall  act  as, 
and  be  called  Commissioners  of  Streets.  The  persons  thus  appointed 
as  Commissioners  of  the  Streets,  shall  continue  to  act  in  that  capacity, 
during  the  term  for  which  they  may  be  elected  to  represent  the  City 
in  Common  Hall,  unless  they  shall  resign  the  appointment  aforesaid. 
In  all  cases  of  resignation  or  vacancy ,  by  death  or  otherwise,  in  the 
Commissioners  of  Streets,  the  Common  Council  shall  by  new  appoint- 
ments, out  of  the  Members  of  the  Hall,  fill  up  such  vacancy,  so  that 
there  may  be  always  three  Commissioners  of  the  Streets  resident  in 
each  Ward.  It  shall  be  the  duty  of  the  Commissioners  of  Streets,  or  a 
majority  of  them,  immediately  after  their  appointment,  to  fix  on  some 
day  or  days,  as  early  as  possible,  when  they  shall  convene  and  pro- 
ceed through  the  different  Wards,  view  the  several  Streets,  Lanes  and 
Alleys  therein,  and  note  the  repairs  and  improvements  necessary  to  be 
made  about  the  sam^  And  thereupon  it  shall  be  the  duty  of  the  Com- 
missioners of  Streets  in  each  Ward,  to  cause  such  repairs  and  improve- 
ments to  be  made  in  their  respective  Wards,  or  any  others  which  they 
may  deem  necessary  therein ;  and  to  that  end,  may  sign  and  make 
contracts,  for  the  execution  of  the  work:  Provided,  That  the  expense 
which  may  be  incurred  by  the  Corporation  in  consequence  thereof, 
shall  not  exceed  the  sum  of  one  hundred  and  twenty  dollars  in  any 
one  year ;  unless  the  Commissioners  within  such  Ward,  shall,  by  a 
majority  of  the  whole  Commissioners,  be  authorized  within  such  pe- 
riod, to  expend  a  larger  sum  of  money  for  the  purposes  aforesaid. 
Whenever  a  Street  which  separates  two  Wards,  shall  require  repairs, 
the  same  shall  be  made  at  the  joint  expense  of  both  of  the  said  W^ards. 
All  monies  for  the  payment  whereof  the  Corporation  shall  be  liable 
by  virtue  of  contracts  entered  into  by  the  Commissioners  of  any  Warc^ 
shall  be  paid  by  the  Chamberlain  on  order  or  certificate  of  such  Com- 


Ordinances  of  the  City. 

missioners,  stating  the  amount  and  on  what  account  it  shall  be  due;  and 
that  the  amount  of  expenses  incurred  by  the  Commissioners  in  each 
Ward,  and  the  particular  causes  thereof  may  be  known  to  the  other 
Commissioners,  it  is  hereby  declared  to  be  the  duty  of  the  Commis- 
sioners or  those  who  act  in  each  Ward,  once  in  every  three  months, 
to  render  to  the  Commissioners  of  the  other  Wards,  or  file  with  the 
Chairman  of  the  Commissioners,  an  account  exhibiting  the  amount  o(' 
monies  expended  by  them  in  the  preceding  three  months,  the  objects 
of  such  expenses,  and  any  contracts  or  agreements  entered  into  by 
them,  whereby  the  Corporation  may  become  chargeable  for  the  pay- 
ment of  any  money.  That  the  Commissioners  of  Streets  may  be  en- 
abled to  cause  the  Streets,  Lanes  and  Alleys  to  be  kept  in  repair,  the 
Common  Council  shall,  for  that  purpose,  from  time  to  time,  grant  sueli 
sums  of  money  as  they  shall  think  proper  to  be  appropriated  under 
the  direction  of  the  said  Commissioners.  The  Commissioners  of  the 
Streets,  at  the  regular  Meeting  of  the  Hall  to  be  held  in  the  month  of 
March,  or  any  other  Meeting  called  for  that  purpose,  i»  every  year, 
shall  render  to  the  Hall  an  account,  stating  the  most  important  iin 
provemcnts  made  by  them  to  the  Streets,  Lanes  and  Alleys  in  the  City, 
the  sums  expended  about  them,  particularly  the  sum  total  expended 
by  the  said  Commissioners,  and  the  balance,  if  any,  remaining  uiuip-' 
propriated  of  the  sums  granted  them  by  the  Corporation.  The  right  i,*; 
hereby  retained  to  the  Common  Hall,  of  acting  and  directing  on  any 
subject  respecting  the  Streets:  Provided,  The  same  shall  not  annul  or 
interfere  in  any  contract  or  agreement  entered  into  by  the  CominLs 
sioners,  so  as  to  charge  them  in  their  private  capacities  on  account, 
thereof.  If  the  Commissioners  of  Streets  should  disagree  and  be  equal- 
ly divided,  upon  any  subject  relative  to  their  duties  under  this  Ordi- 
nance, the  same  shall  be  referred  to  and  decided  by  the  next  Hall,  and 
the  Commissioners  shall  thereafter  act  in  conformity  to  the  decision  oi' 
the  Hall  relative  to  such  difference.  No  number  of  the  Commissioners 
of  Streets  shall  be  considered  as  a  majority,  unless  there  be  present  at 
least  one  Member  from  each  Ward.  And  it  shall  be  the  duty  of  every 
occupier  of  a  house,  to  cause  the  Gutters  which  have  been  or  may  be 
made,  to  be  constantly  kept  open  and  free  from  obstructions,  as  far  as 
the  ground  occupied  by  him  or  her  extends;  and  in  case  of  failure  so 
to  do,  he  or  she  shall  be  liable  to  a  fine  of  four  dollars,  for  every  twen- 
ty-four hours  that  obstructions  shall  be  suffered  to  remain  in  those 
parts  of  the  said  Gutters,  after  notice  thereof  be  given  to  such  occupier 
by  any  Commissioner  of  Streets,  or  by  any  Magistrate,  or  by  the  High 
Constable,  or  by  any  of  the  Deputies  of  Police. 


44  Ordinances  of  the  City. 

2.  And  be  it  further  Ordained,  That  the  several  acts  or  offences 
immediately  hereinafter  enumerated,  shall  be  considered  as  Nuisances 
in  the  Streets,  and  every  person  who  shall  be  guilty  of,  or  occasion 
any  or  either  of  them,  shall  be  punished  as  follows:  Whosoever  shall 
convey  or  cause  to  be  conveyed,  dirt,  rubbish,  filth,  or  other  offensive 
matter,  from  his  or  her  own  lot,  or  any  other  place,  and  deposit  the 
same  upon  any  Street,  shall  be  liable  to  pay  a  fine  not  exceeding  four 
dollars,  and  also  a  sum  not  exceeding  one  dollar,  for  every  hour  the 
same  shall  remain.  Every  person  who  shall  suffer  to  be  placed  in  a 
Street,  Lane  or  Alley,  before  his  or  her  door  or  lot,  dirt,  stones,  rub- 
bish, filth,-  noxious  or  offensive  matter  or  obstructions,  and  shall  suffer 
the  same  to  remain  unremoved,  more  than  four  hours,  shall  be  liable 
to  pay  fifty  cents  for  every  hour  the  same  shall  so  remain:  Provided, 
however,  That  Vendue  Masters  and  others  selling  at  Public  Auction, 
shall  on  the  days  of  their  public  sale,  be  permitted  to  occupy  with  arti- 
cles intended  for  s.ale,  one  half  of  the  Foot- Way,  and  one  third  of  the 
Street  between  the  curb  stones,  next  to  their  Auction  rooms,  and  no 
more:  and  the  said  articles  to  be  removed  in  one  half  hour  after  sun- 
set of  the  days  of  public  sales,  under  the  penalty  of  six  dollars  and 
sixty-six  cents  for  every  hour  during  the  continuance  of  such  obstruc- 
tion, to  be  recovered  for  the  use  of  said  Corporation,  as  other  debts 
under  twenty  dollars  are  by  Law  authorised  to  be  recovered.  */3nd 
provided  also,  That  any  Citizen  may  place  his  or  her  goods  upon  the 
Side  Walks,  as  far  out  as  the  outer  edge  of  the  cellar  huts  or  doors 
where  they  exist,  and  do  not  extend  out  from  the  house  more  than 
one  half  the  Side  Walk,  and  where  they  do  thus  extend  further,  then 
any  Citizen  may  occupy  with  his  or  her  goods  one  half  such  side  walk, 
and  in  all  cases  where  such  huts  or  cellar  doors  do  not  exist,  then  any 
Citizen  may  occupy  one  half  the  Side  Walk,  and  no  more,  with  his 
or  her  goods;  but  this  privilege  is  not  to  be  construed  to  abridge  the 
powers  herein  given  to  the  Commissioners  of  Streets.  Provided  also, 
That  it  shall  be  lawful  for  the  Commissioners  of  the  Streets,  or  any  of 
them,  of  the  Ward  wherein  any  person  or  persons  shall  be  building 
or  about  to  build  any  house,  or  make  other  improvements  on  any  lot 
or  lots,  to  permit  such  persons,  so  long  as  the  said  Commissioners  shall 
think  proper,  to  put  in  such  part  of  the  Street  adjoining  thereto,  as 
will  thereby  occasion  the  least  inconvenience  to  others,  such  materi- 
als as  may  be -necessary  about  such  buildings  or  other  improvements, 
and  which  cannot  conveniently  be  deposited  on  the  ground  of  such 
person.  Any  person  who  shall  ride  on  the  Foot- Way  of  a  Street,  or 


Ordinances  of  the  City.  45 

drive  any  wagon,  cart,  dray,  chair,  charriot,  or  other  carriage  on 
the  same,  or  lead  or  tie  a  horse  thereon,  shall  be  subject  to  a  penalty 
not  exceeding  one  dollar  for  every  offence.  Whosoever  shall  run  a 
horse  race,  or  cause  the  same  to  be  run,  or  strain  a  horse  within  the 
limits  of  the  City,  shall,  for  every  such  offence,  be  liable  to  a  penalty 
not  exceeding  forty  shillings;  and  where  the  offender  in  any  case 
mentioned  in  this  Ordinance,  shall  he  a  slave,  he  or  she  shall  receive, 
on  his  or  her  bare  back,  such  number  of  stripes  as  a  Magistrate  may 
direct,  not  exceeding  thirty-nine.  And  if  any  such  offender  shall  be  a  free 
person,  who  cannot  render  immediate  payment  of  the  fine  imposed  on, 
him  or  her  or  give  security  to  pay  the  sum  in  twenty -four  hours,  he  or 
she  may  at  the  discretion  of  'a  Magistrate,  be  committed  to  Jail  for 
such  space  of  time  as  he  may  direct,  not  exceeding  six  days,  unless 
the  line  shall  be  sooner  paid,  in  which  case  the  offender  shall  be  im- 
mediately discharged.  Any  of  the  Nuisances  herein  enumerated, 
which  may  be  erected,  'placed  or  occasioned  in  any  Street,  Lane  or 
Alley,  may  be  abated  or  removed  by  order  of  the  Commissioners  of 
Streets,  or  any  one  of  them,  in  the  Ward,  where  the  same  may  be,  or 
by  any  Magistrate  or  any  Officer  of  Police  and  at  the  expense  of  the 
persons  who  shall  occasion  them;  and  should  such  person  or  persons 
refuse  to  pay  the  said  expense,  it  shall  be  lawful  for  any  Magistrate 
of  the  City  or  the  Court  of  Hustings  thereof, 'where  a  single  Magis- 
trate hath  not  jurisdiction,  to  award  judgment,  for  the  amount  of  such 
expense.  Any  person  who  shall  place  or  occasion  any  Nuisance  in  a 
Street,  Lane  or  Alley,  for  the  removal  whereof,  and  punishment  of  the 
offender,  no  provision  is  particularly  made,  shall  for  every  such  of- 
fence, be  liable  to  a  fine,  not  exceeding  six  dollars,  and  such  Nuisance 
may  be  abated  or  removed,  and  the  expense  attending  the  abatement 
or  removal,  recovered  as  aforesaid. 

'7 

3.  And  be  it  further  Ordained  by  the  authority  aforesaid.  That 
it  shall  be  the  duty  of  the  Commissioners  of  Streets,  on  the  twenty- 
fourth  day  of  December  in  every  year,  or. so.  soon  thereafter  as  may 
be  convenient,  to  hire  a  sufficient  number  of  able-bodied  young  and 
healthy  negro  men  to  work  on  the  Streets  of'  this  City  for  one  year, 
and  also  from  time  to  time  to  procure  by  purchase  or  hire,  a  sufficient 
number  of  horses,  mules,  carts  and  tools  for  the  said  hands  to  be  em- 
ployed in  the  same  work;  to  contract  for  furnishing  food,-  clothing 
and  lodging  for  said  negroes,  provender,-,  arid  stablage  for  the  said 
horses  and  mules,  with  a  shelter  for  the  carts,  gear  and  tools,  taking 


46  Ordinances  of  the  Oily. 

from  the  Contractor  or  Contractors,  bond  with  approved  security, 
payable  to  the  Mayor,  Aldermen  and  Commonalty  of  the  City  of 
Richmond  and  their  successors  in  office,  in  such  penalty  and  with  such 
condition  as  the  said  Commissioners  may  prescribe,  and  the  same  to 
be  lodged  with  the  Chamberlain  of  the  City  for  ,  safe-keeping,  and 
may  be  put  in  suit  in  case  of  the  breach  of  the  condition,  by  order  of 
the  Common  Hall  or  Commissioners  of  Streets. 

4.  J2nd  be   it  further    Ordained,  •  That   the  Commissioners   of 
Streets,  be  and  they  are  hereby  authorised  and  required,  annually  to 
appoint  an  Overseer  of  the  hands  employed  in  working  on  the  Streets 
in  this  City,  whose  duty  it  shall  be  to  superintend  and  carry  into  ef- 
fect all  repairs  and  improvements  of '  the  said  Streets  that ''may  be  or- 
dered and  directed  by  the  said  Commissioners  of  Streets,  or  the  Com- 
missioners of  each  Ward,  or  by  the  Common  Hall,  and  to  do  and  per- 
form, if  required  by  the  said  Commissioner*  of  Streets,  all  or  any  of 
the  duties  authorized  to  be  done  by  them  in  this  Ordinance.     The 
said  Overseer,  before  he  acts  as  such,  shall  give  bond  and  good  secu- 
rity, payable  to  the  Mayor,  Aldermen  and  Commonalty  of  the  City 
of  Richmond  and  their  successors  in  office,  to  be  approved  by  the  Com- 
missioners of  Streets  or  by  the  Common  Hall,   in  the  penal  sum  of 
one  thousand  dollars,  conditioned  for  the  due  and  faithful  performance 
of  the  duties  $f  his  Office,  and  which  bond  shall  be  lodged  with  the 
Chamberlain  for  safe-keeping,  and  in  case. of  any  breach  of  the  condi- 
tion thereof,  may  be  put  in  suit  by  order  of  the  Common  Hall  or 
Commissioners  of  Streets.     The  said  Overseer  shall  be  allowed  and 
paid  for  his  services,  a  salary  at  the  rate  of  four  hundred  dollars  per 
annum,  but  may  be  removed  from  Office  at  the  pleasure  of  the  Com- 
mon Hall  or  of  the  Commissioners  of  Streets,  in  which  event  he  shall 
be  allowed  and  paid  a  proportionate  part  of  his  salary  ao^iprding  to  the 
time  he  shall  have  served,,  unless  it  shall  appear,  that  in  consequence 
of  misconduct,  he  is  not  reasonably  entitled  to  the  same. 

5.  Jlnd  be  it  further  Ordained,  ly  the  authority  aforesaid.  That 
the  Committee  of  Streets  or  other  Agent  of  this  Hall,  who  may  be  ap- 
pointed to  superintend  streets,  shall  have  power  and  authority  to  lay 
out  Foot-Ways  upon  each  and  every  Street  in  manner  following,  viz: 
Upon  Streets  the  width    whereof  shall    exceed  one  hundred   feet, 
eighteen  feet  shall  be  laid  out  as  a  Foot- Way;  and  under  one  hundred 
feet,  shall  be  twelve  feet:  upon  Streets  the  width  whereof  shall  be  six- 
ty and  under  sixty-five  feet,  twelve  feet:  upon  Streets,  the   width 


Ordinances  of  the  City.  47 

whereof  shall  be  fifty  and  under  sixty  feet,  ten  feet:  upon  Streets  the 
width  whereof,  shall  be  forty  and  under  fifty  feet,  seven  feet:  upon 
Streets,  the  width  -whereof  shall  be  thirty  and  under  forty  feet,  five 
feet. 

6.  And  be  it  further  Ordained,  That  no  Street,  the  width  where- 
of shall  be  less  than  thirty  feet,  shall  be  entitled  to  a  Foot-Way:  Pro- 
vided, That  nothing  herein  contained,  shall  affect  the  Foot- Ways  which 
have  been  or  may  be  laid  out  on  E  Street. 

7.  And  be  it  further  Ordained,  That  when  in  the  prosecution  of 
the  graduation  of  the  Streets  of  this  City,  any  Street  shall  be  cut  down 
below  the  level  of  the  adjoining  lots,  the  Committee  of  Streets  or  any 
other  Agent  of  this  Hall,  shall  be  and  they  are  hereby  authorised  to 
cause  the  like  improvement  or  cutting  down  of  the  Foot- Way :  Provi- 
ded, Such  cutting  down  and  improvement  shall  not  interfere  with  any 
house  or  houses  on  such  adjoining  lot  or  lots,  unless  the  proprietors 
shall  consent  thereto. 

8.  And  be  it  further  Ordained,  That  every  person  hereafter  build- 
ing or  repairing  on  any  Street,  the  width  whereof  shall  exceed  fifty 
feet,  shall  be  permitted  to  make  Cellar  Doors  to  extend  five  feet  in  the 
Foot- Way  and  no  more,  and  that  no  person  shall  have^the  privilege  of 
making  such  erection,  in  any  Street  below  the  width  of  fifty  feet. 

9.  And  be  it  further  Ordained,  That  all  the  fines,  forfeitures  and 
penalties  provided  by  this  Ordinance,  shall  in  the  usual  mode,  be  re- 
covered before,  or  inflicted  by  the  Judgment  of  a  single  Magistrate, 
or  the  Court  of  Hustings  of  this  City,  as  may  be  most  proper,  accor- 
ding to  the  nature  of  the  case;  the  amount  whereof,  shall  be  applied 
and  appropriated  to  the  benefit  of  the  City  and  in  aid  of  the  other  funds 
thereof. 

10.  This  Ordinance  shall  commence  and  be  in  force  from  and  after 

the  first  day  of  January,  one- thou so  !if]  eight  hundred  and  twenty -eight. 


48  Ordinances  of  the  City. 

CHAP.  III. 

Jin  Ordinance,  concerning  the  recovery  and  appropriation, 
of  certain  Fines  and  Penalties. 

[Passed  August  31,  1827.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond,  in  Common  Hall  assembled,  and  it   is 
hereby  Ordained  by  the  authority  of  the  same,  That  the   whole 
amount  of  all  fines  or  penalties  in  money,  which  shall  be  recovered 
or  received,  for  breach  of  any  Ordinance,  or  Regulation  of  the  Com- 
mon Hall,'  shall  be  applied  and  appropriated  to  the  benefit  of  the  Cor- 
poration, in  aid  of  the  other  funds  thereof. 

2.  And  be  it  further   Ordained,  That  any  of  the  said  fines  or 
penalties,  for  the  recovery  whereof  no  particular  mode  is,  or  shall  be 
specified,  shall  be  recovered  by  warrant,  before  any  Magistrate  of  the 
City. 

3.  This  Ordinance  shall  commence  and  be  in  force,  from  and  after 
the  first  day  of  Janaury,   in  the  year  one  thousand  eight  hundred 
and  twenty-eight. 


CHAP.  IV. 

An  Ordinance,  reducing  into  one  the  several  Or^inmr         "  - 
regulating  the  appointment  of  a  Weigh  Master,  au 
other  purposes. 

[Passed  October  2,  1827.] 

WHEREAS  frequent  and  great  abuses  have  taken  place,  in  the 
sale  of  Hay,  Fodder  and  other  Long  Forage,  whereby  considerable  gain 
has  attached  to  the  seller,  at  the  expense  of  the  purchaser:  for  remedy 
whereof, 

1.  Be  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond,  in  Common  Hall  assembled,  and  it  z> 
hereby  Ordained  by  the  authority  of  the  same,  That  at  the  May 
Session  of  the  Common  Hall  in  each  year,  (or  in  the  event  of  failure 
t9  make  a  Hall,  at  the  Hall  next  succeeding)  there  shall  be  elected  by 


Ordinances  of  the  City.  49 

the  Common  Hall,  one  fit  person  who  shall  be  known  by  the  name  of 
the  Weigh  Master,  and  shall  have  the  care  of  the  Public  Scales,  which 
have  been  erected  in  the  said  City,  by  the  authority  of  the  said  Hall. 
It  shall  be  the  duty  of  the  said  Weigh  Master,  or  his  Deputy,  (who 
shall  be  appointed  by  the  Hall)  to  attend  the  said  Scales  every  day 
(Sundays  excepted)  from  sun  rise  in  the  morning,  until  sun  set  in  the 
evening,  for  the  purpose  of  weighing  all  articles,  which  shall  be 
brought  to  the  said  Scales,  and  shall  grant  certificates  of  all  articles  so 
weighed,  specifying  the  name  or  names  of  the  owner  or  owners,  at 
whose  instance  any  articles  shall  be  weighed,  and  the  true  weight 
with  the  date  thereof,  and  the  signature  of  the  Weigh  Master  or  his 
Deputy:  and  each  and  every  article  so  weighed  and  certified,  shall  be 
regularly  entered  into  a  book  to  be  kept  for  that  purpose,  in  terms 
corresponding  with  the  certificate  which  shall  be  granted. 

2.  And  be  it  further  Ordained,  That  the  Weigh  Master  or  his 
Deputy,  shall  be,  and'he  is  hereby  authorised,  to  examine  and  inspect 
in  the  best  possible  manner  he  can,  all  Hay,  Fodder  or  other  Long 
Forage,  which  shall  be  offered  for  weighing.   And  if  the  same  shall  be 
found  Merchantable,  he  shall  thereupon  grant  to  the  party  applying 
for  the  same,  the  customary  certificate:  but  if  any  such  article  shall, 
upon  inspection,  be  found  to  be  Unmerchantable,  he  shall  refuse  the 
same,  unless  the  party  applying  shall  assent  to  such  a  deduction  from 
the  gross  amount,  as  in  the  opinion  of  the  Weigh  Master,  shall  render 
the  residue  Merchantable;  or  unless  such  applicant  shall  consent  to 
receive  a  certificate,  stating  the  quality  and  condition  of  such  as  may 
be  by  him,  deemed  Unmerchantable.   And  in  all  cases  of  refusal  by 
the  owner  or  applicant,  to  receive  such  special  certificate,  such  owner 
or  applicant  shall  be  prohibited  from  selling  or  depositing  the  same 
within  the  limits  of  this  City,  under  the  penalty  of  five  dollars  for 
each  offence,  to  be  recovered  by  Warrant  before  any  Magistrate  for 
the  said  City,  with  costs. 

3.  And  be  it  further  Ordained,  That  the  said  Weigh  Master, 
shall  demand  and  receive  from  the  person  at  whose  request  any  article 
3]  mil  be  weighed,  the  fee  of  twelve  and  a  half  cents,  for  each  draft 
not  exceeding  five  hundred  pounds  weight  of  any  such  article,  and 
two  cents  additional  for  every  hundred  pounds  of  the  weight  of  such 
ariicle,  exceeding  five  hundred  pounds  as  aforesaid:  Provided  always, 
That  no  fee,  so  to  be  demanded  for  any  one  weight  as  aforesaid,  shall 

fifty  cents,  always  deducting  the  weight  of  the  carnage  con- 


50  Ordinances  of  the  City. 

taining  such  article,  and  the  amount  so  collected,  shall  by  the  said 
Weigh  Master  be  paid  into  the  hands  of  the  Chamberlain  once  in 
every  six  months.  And  each  and  every  Weigh  Master  who  shall  be 
elected  as  aforesaid,  shall  before  entering  upon  the  duties  of  his  Office, 
execute  bond  with  security  to  be  approved  by  the  President  of  the 
Common  Hall,  in  the  penalty  of  one  thousand  dollars,  payable  to  the 
Mayor,  Aldermen  and  Commonalty  of  the  said  City,  and  condition- 
ed for  the  faithful  performance  of  all  and  every  of  the  duties  required 
from  him  by  this  Ordinance.  In  case  of  vacancy  in  the  Office  of 
Weigh  Master,  by  death,  resignation,  or  otherwise,  a  new  appoint- 
ment shall  take  place  at  the  Hall  next  succeeding,  or  as  soon  thereaf- 
ter as  practicable. 
« 

4.  And  be  it  further  Ordained,  That  from  and  after  the  passing 
of  this  Ordinance,  no  person  shall  purchase,  sell  or  store  any  Hay, 
Fodder,  or  Long  Forage,  within  the  said  City,  brought  therein  either 
by  land  or  water,  but  by  weight  under  the  certificate  of  the  Weigh 
Master,  under  the  penalty  of  five  dollars,  as  well  upon  the  buyer  as 
seller;  to  be  recovered  by  Warrant  as  aforesaid. 

And  Whereas,  it  frequently  happens  that  sales  of  Hay,  Fodder  and 
other  Long  Forage/ are  made  at  Public  Market,  and  the  seller  is  in- 
duced for  %tyivial  gain  to  violate  his  engagement,  by  selling  to  anoth- 
er person  to  the  great  inconvenience  of  the  Citizens. 

5.  Be  it  therefore   Ordained,  That  if  a  buyer  or  seller  of  the 
articles  aforesaid,  shall  refuse  or  delay  for  one  hour  to  execute  any 
such  contract  fairly  entered  into,  that  the  person  or  persons,  so  refu- 
sing or  delaying  to  execute  such  contract,  shall  be  subject  to  a  penal- 
ty of  five  dollars  for  every  such  offence,  to  be  recovered  by  Warrant 
as  aforesaid. 

6.  JLnd  be  it  further  Ordained,  by  the,  authority  aforesaid,  That 
the  said  Weigh  Master  for  the  services  hereby  required  to  be  per- 
formed, shall  be  allowed  the  sum  of  three  hundred  dollars  per  annum, 
to  be  paid  by  the  Chamberlain  of  the  City,  half  yearly. 

7.  And  be  it  further  Ordained,  That  it  shall  be  the  duty  of  the 
Weigh  Master  or  his  Deputy  when  required,  to  weigh  at  the  place  of 
landing,  all  Forage  in  bales  or  bundles  brought  by  water;  provided 
that  it  amount  to  more  than  twenty  bundles  or  bales,  and  provided 
ihe  seller  will  furnish  at  the  place,  correct  Patent  Balances  for  that 


Ordinances  of  the  City.  51 

purpose.  Provided  however.  That  nothing  in  this  Ordinance  contain- 
ed, shall  be  so  construed,  as  to  compel  the  owner  of  any  Hay,  Fodder 
or  other  Long  Forage,  brought  to  this  City  by  such  owner,  not  for 
sale  but  for  his  own  use,  to  have  the  same  weighed. 

8.  All  Ordinances,  or  parts  of  Ordinances  coming  within  the  pui> 
view  of  this  Ordinance,  shall  be  and  the  same  are  hereby  repealed. 

9.  This  Ordinance  shall  commence  and  be  in  force  from  the  first 
day  of  January?  one  thousand  eight  hundred  and  twenty-eight. 


. 

CHAP.  V. 

Jin  Ordinance  reducing  into  one,  the  several  Ordinances .  for 
regulating  Weights  and  Measures,  and  providing  for  the 
sale  of  certain  Articles  by  Weight. 

[Passed  October  13,  1827.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond  in  Common  Hall  assembled,  and  it  is  here- 
by Ordained  by  the  authority  of  the  same,  That  it  shall  be  the  duty 
of  the  Clerk  of  the  Market,  to  provide  at  the  expense  of  the  Corpora- 
tion of  the  said  City,  to  be  paid  by  the  Chamberlain,  Standard  Weights 
and  Measures  of  all  denominations,  agreeably  to  the  Act  of  the  Gen- 
eral Assembly  of  this  Commonwealth,  entitled  "An  Act  for  the  more 
effectually  obliging  persons  to  buy  and  sell  by  Weights  and  Measures, 
according  to  the  English  Standard."  And  the  said  Clerk  shall  cause 
such  Standards  to  be  kept  in  his  Office,  in  the  upper  story  of  the  Mar- 
ket House:  and  it  shall  be  his  duty  at  all  times,  when  so  required,  to 
try  with  the  Standard  Weights  and  Measures  aforesaid,  and  if  found 
to  agree,  to  stamp  with  the  letters  C.  R,  all  Weights  and  Measures  to 
him  presented  for  that  purpose.  For  which  service  he  shall  be  enti- 
tled to  demand  and  receive  from  each  person  requiring  the  same,  the 
respective  fees  expressed  in  and  by  the  said  Act  of  Assembly,  a  copy 
of  which  Act,  shall  at  all  times  be  kept  in  his  Office,  for  the  informa- 
tion of  persons  concerned.  And  any  Trader,  who  shall  be  convicted 
before  a  Magistrate  of  this  City,  of  having  sold  any  article  by  Weights 
or  Measures,  deficient  in  a  proportion  equal  to  more  than  two  per 
centum,  shall  for  every  such  offence  bo  liable  to  a  penalty  of  six  dol- 


52  Ordinances  of  the  City. 

lars  and  sixty-six  cents,  to  be  paid  into  the  hands  of  the  Chamberlain, 
for  the  benefit  of  the  City. 

And  Whereas,  great  impositions  have  been  practised,  in  the  sale  of 
Grain  and  other  Articles  by  false  and  deceptious  measures:  for  remedy 
whereof, 

2.  Be  it  Ordained,  by  the  authority  aforesaid.  That  any  person 
or  persons,  who  shall  sell  or  buy,  any  Wheat,  Corn,  Meal,  Rye,  Oats, 
Bran,  or  Shorts,  within  this  City,  except  by  \Veight,  shall  for  every 
such  sale*  or  purchase,  forfeit  and  pay  the  sum  of  six  dollars  and  six* 
ty-six  cents,  to  be  recovered  by  warrant  before  any  Magistrate  of  this 
City. 

3.  The  average  Weights  shall  be  as  follows,  viz: 

A  Bushel  of  Wheat,  Sixty  pounds, 

Ditto  of  Corn,  Fifty-two  pounds, 

Ditto  of  Meal,  Fifty  pounds, 

Ditto  of  Rye,  -  Fifty-six  pounds, 

Ditto  of  Oats,  Twenty-eight  pounds, 

Ditto  of  Bran,  Twenty  pounds, 

Ditto  of  Shorts,  Thirty  pounds. 

4.  All  Ordinances  or  parts  of  Ordinances,  coming  within  the  pur- 
view of  this  Ordinance,  shall  be,  and  the  same  are  hereby  repealed. 

5.  This  Ordinance  to  commence  and  be  in  force,  from  and  after  the 
first  day  of  January,  one  thousand  eight  hundred  and  twenty-eight 


CHAP.  VI. 

Jin  Ordinance,  regulating  Wagons,  Drays  and  Carts.  Hack 
ney  Coaches,  and  other  Carriages  for  Hire,  within  the  City 
of  Richmond. 

[Passed  December  5,  1827.] 

1.  BE  it  Ordained,  by  the  President  and  Common  Council  of 
the  City  of  Richmond  in  Common  Hall  assembled,  audit  is  here- 
by Ordained  by  the  authority  of  the  same,  That  every  owner  of  o 
Wagon,  who  shall  wish  to  employ  the  same  for  hire  within  the  said 


Ordinances  of  the  City*  55 

City,  shall  onee  in  every  year,  cause  such  Wagon  to  be  entered  with 
(he  Clerk  of  the  Common  Hall;  and  every  owner  of  a  Dray  or  Cart 
who  shall  wish  to. employ  the  same  for  hire  as  aforesaid,  shall  annu- 
ally, cause  such  Dray  or  Cart  to  be  entered  with  the  said  Clerk,  and 
shall  previously  to  obtaining  a  License,  give  Bond  with  such  security, 
as  may  be  satisfactory  to  said  Clerk,  payable  to  the  Mayor,  Alder- 
men and  Commonalty  of  the  City  of  Richmond,  in  the  penalty  of 
three  hundred  dollars,  conditioned  for  the  faithful  delivery  of  all  arti- 
cles which  may  be  /entrusted  to  the  driver  of  such  Wagon,  Dray  or 
Cart,  during  the  term  for  which  such  License  shall  be  obtained,  which 
"Bond  may  be  put  in  suit,  and  prosecuted  from  time  to  time,  for  the 
benefit,  and  at  the  proper  costs  and  charges  of  any  person  injured  by 
reason  of  the  breach  of  the  condition  thereof,  until  the  penalty  therein 
expressed  shall  be  fully  recovered. 

2.  The  Clerk  of  the  Common  Hall  is  hereby  required  to  keep  a 
Register  of  all  Wagons,  Drays  or  Carts  with  him  entered,  in  regular 
numbers,  to  direct  the  numerical  of  said  Register,  with  the  initials  of 
the  owner's  name  to  be  annexed,  in  plain  characters,  in  white  paint 
en  a  dark  ground,  to  each  Wagon,  Dray  or  Cart,  and  to  grant  unto 
every  person,  requiring  it,  a  copy  of  such  entry  and  number;  and  he 
shall  be  entitled  to  demand    and  receive  for  every  such  attestation 
twenty-five  cents;  and  every  owner  who  shall  fail  to  make  the  entry 
by  this  Ordinance  required,  or  shall  neglect  to  cause  the  numerical 
and  initials  of  the  entry  to  be  painted  in  large  letters  and  figures  on 
the  sides  of  each  Wagon  and  Cart,  and  on  the  shafts  of  each  Dray, 
shall  forfeit  and  pay  the  sum  of  four  dollars  for  each  and  every  offence, 

3.  Every  person  making  an  entry  as  before  directed,  shall  account 
with  and  pay  to  the  Clerk  of  the  Common  Hall,  twenty  dollars  for 
each  Wagon,  Dray  or  Cart,  and  a  like  sum  for  every  renewal  of  such 
Register. 

4.  It  shall  be  the  duty  of  the  Mayor  previously  to  the  first  day  of 
January,  in  each  year,  to  make  report  in  writing  to  the  Clerk  of  the 
Common  Hall,  of  such  drivers  of  Wagons,  Drays  and  Carts,  as  are, 
in  his  opinion,  improper  persons  to  drive  the  same,  and  the  Clerk 
shall,  upon  receiving  such  representation,  refuse  a  License  to  any 
owner  of  a  Wagon,  Dray  or  Cart  to  be  thereafter  driven  by  the  same 
driver:  Provided,  That  such  owner  may  have  the  right  of  appealing 
from  such  decision  of  the  Clerk,  to  the  Common  Hail. 


34  Ordinances  of  the   City. 

5.  The  owner  or  possessor  of  any  Wagon,  Dray  or  Cart,  employed 
in  the  transportation  of  Tobacco,   Flour,   Hemp,   Coal,   Lime,  Sand, 
Bricks,  Stone,  Tile,  or  Timber,  although  such  employment  be  for  the 
benefit  of  the  owner,  shall  once  in  each  year,  enter  the  same  with  the 
Clerk  of  the  Common  Hall,  under  the  same  penalties,  conditions  and 
restrictions  as  are  herein  before  prescribed:  Provided,  That  no  bond 
shall  be  required  from  such  owner.   The  owner  of  every  Wagon,  Dray, 
or  Cart  entered  on  the  terms  prescribed  in  this  section,   shall,  when 
entering  the  same,  pay  to  the  Clerk  of  the  Common  Hall,  two  dollars 
and  fifty  cents  for  each  wheel:  Provided,  always,  That  such   entry 
shall  not  be  required  of  the  owner  of  a  Cart  or  Wagon,  employed -ex- 
clusively in  transporting  Fuel  or  Provisions  for  the  consumption  of 
his  or  her  own  family. 

6.  The  owner  or  driver  of  a  Wagon,  Dray  or  Cart,  wheQier  licens- 
ed or  not,  who  shall  suffer  the  same  to  pass  or  stand  upon  any  Street 
within  the  City,  except  when  receiving  or  discharging  his  load,  with- 
out holding  in  his  hand  reins  of  sufficient  strength,  or  shall  permit  his 
Horses,  Mules  or  other  beasts  of  burden  to  be  driven  faster  than  a 
walk,  or  shall  drive  upon  the  Foot- Way,  or  wantonly  smack  a  whip 
to  the  annoyance  of  the  Citizens,  or  shall  feed  or  permit  to  be  fed  in 
air.  Street,  any  Horses,  Mules  or  other  Beasts,  or  shall  drive  his  Wagon 
with  a  wheel  locked  when  passing  upon  any  Paved  Street,  shall  for  each 
offence,  forfeit  and  pay  the  sum   of  two  dollars,  if  a  free  man,  or  re- 
ceive any  number  of  stripes  not  exceeding  ten,  if  he  be  a  Slave. 

7.  If  any  driver  of  a  licensed  or  unlicensed  Dray,   Cart  or  Wagon, 
shall  be  convicted  of  beating  his  Horses  or  Mules  cruelly  with  a  stick 
or  the  but  end  of  the  whip,  or  otherwise,  if  a  free  man,  shall  forfeit  and 
pay  for  every  such  offence  four  dollars,  to  be  recovered  by  Warrant 
before  any  Justice  of  the  Peace  for  the  City  of  Richmond,  and  if  a 
Slave,  he  shall  receive  any  number  of  stripes,  in  the  discretion  of  a 
Magistrate,  not  exceeding  twenty. 

8.  A  full  Dray  or  Cart  load  or  load  of  a  Wagon  drawn  by  two  Hor- 
ses only,   shall  be  considered  1500  pounds  weight,  provided  that  a 
Hogshead  of  Tobacco  or  Sugar  not  exceeding  in  weight  eighteen  hun- 
dred, shall  be  considered   as  a  load  for  two  Horses,  and  a  load  for  a 
Wagon  drawn  by  four  Horses  three  thousand  pounds. 

9.  Every  person  who  shall  offer  a  load  to  any  Wagon,  Dray  or 
Cart,  shall  pay  the  rate  of  carriage  hereinafter  to  be  prescribed,  or 


Ordinances  of  the  City.  55 

give  a  ticket  signed  with  his,  her  or  their  names  at  full  length,  ex- 
pressing the  places  from  whence  the  load  was  taken,  and  the  place 
at  which  it  is  to  be  delivered;  and  any  person  who  shall  be  convicted 
of  giving  a  ticket  not  conformable  hereto,  shall  forfeit  and  pay  four 
times  the  rate  which  is  allowed  for  such  load. 

10.   The  rates  for  every  Dray,  Cart  or  Wagon  drawn  by  two  Hor- 
ses, shall  be  as  follows,  viz: 

Cents. 

From  Rocketts'  Landing  to  Rocketts*  Warehouse,  16 

To  Twenty-Fifth  Street,  -  I8f 

To  any  place  on  Richmond  Hill,    -  25 

To  Twenty-Second  Street,    .  20 

To  Twentieth  Street,  25 

To  Seventeenth  Street,     -  25 

To  Fifteenth  Street,  -  30 

To  Thirteenth  Street,  south  of  F  Street,  -  -  30 

To  Eleventh  Street,  •  -  33 

To  any  part  of  Madison  Ward,  west  of  Eleventh  Street  and 

between  F  Street  and  the  Canal,  -  35 

To  any  part  of  Madison  Ward,  south  of  the  Basin,  -  37$ 

To  any  part  of  Madison  Ward,  north  of  F  Street,  -  37£ 

To  the  Armory,    -  50 

To  Cunningham's  Mills,    -  50 

To  the  Penitentiary,  62 2 
To  any  part  of  Moi  -oe  Ward,  south  of  H  Street,  and  east 

of  Fourth  Street,  inclusive,       -  -42 

To  any  part  of  Monroe  Ward,  north  of  H  Street,  and  easfc 

of  Fourth  Street,  44 
To  any  part  of  Monroe  Ward,  south  of  H  Street,  between 

Fourth  and  First  Streets,  -  44 

To  any  part  of  Monroe  Ward,  between  H  and  L  Streets, 

and  Fourth  and  First  Streets,     -  59 
To  any  part  of  Monroe  Ward,  west  of  First  Street,  and  south 

of  H  Street,       -  50 
To  any  part  of  Monroe  Ward,  north  of  L  street,  and  west  of 

First  Street,       -  -  53 

From  the  Basin  to  Shockoe  Ware-House,  -  12§ 

To  Fourteenth  Street,  16 

To  Seventeenth  Street       -  -  -  -  .  18 


56  Ordinances  of  the  City. 

To  Nineteenth  Street  or  the  Dock,  20 

To  Twenty-Second  Street,  25 

To  Twenty-Fifth  Street,  -  25 

To  Rocketts'  Ware-House,  28 

To  any  place  on  Richmond  Hill,  35 

To  Seabrook's  Ware-House,  22 

From  thence  to  Rocketts',              -  25 

To  Philpots'  Ware-House,  22 

From  thence  to  Rocketts',  25 

To  Ludlum's  Wharf  on  Mayo's  Island,     -                           -  30 

From  Public  Ware-House  to  Ludlam's  Wharf,      -  33 
To  any  part  of  Madison  Ward,  west  of  Fourteenth  Street, 

and  south  of  E  Street,  inclusive,  16 
To  any  part  of  Madison  Ward,  rtorth  of  E  Street,  and  south- 
east of  the  Public  Square,  18| 
To  any  part  of  Madison  Ward,   north  of  the  Public  Square 

and  Governor's  House,  22 
To  any  part  of  Madison  Ward,  south  of  H  Street,  and  west 

of  the  Public  Square,     -  20 
To  any  part  of  Madison  Ward,  west  of  Ninth  Street,  and 

between  H  and  K  Streets,                                               .    -  25 

To  any  part  of  Madison  Ward,  north  of  K  Street,  30 
To  any  part  of  Monroe  Ward,  south  of  H  Street,  and  east  of 

Fourth  Street,   -  -22 

To  any  part  of  Monroe  Ward,  between   First  and  Fourth 

Streets,  and  north  of  H  Street,  28 
To  any  part  of  Monroe  Ward,  south  of  H  and  west  of  First 

Street,  -  30 
To  any  part  of  Monroe  Ward,  east  of  Fourth,  and  north  of 

H  Street,  28 
To  any  part  of  Monroe  Ward,  between   II  and  L  Streets, 

and  First  and  Fourth  Streets,     -                                         -  30 
To  any  part  of  Monroe  Ward,  north  of  L  and  west  of  First 

Street,  -  42 

To  the  Penitentiary,                                                  -  '          -  zr> 
From  the  Penitentiary,   to  any  part  of  H  Street,  west  of 

Shockoe  Creek,               -                                        -             -  25 

To  any  part  of  E  Street,  west  of  Seventeenth  Street,         -  37 \ 

For  all  other  distances,  the  rates  established  at  places  nearest  there- 
to. Double  the  above  rates  shall  be  allowed  for  a  load  in  a  Wa^on 
$rawn  by  four  Horses,  or  other  beasts  of  burden. 


Ordinances  of  the  City.  57 

11.  And  if  any  driver  of  a  Licensed  Wagon,  Dray  or  Cart,  shall  be 
convicted  of  demanding  or  receiving  any  higher  rates,  than  are  here- 
in before  expressed,  the  owner  thereof  shall  forfeit  and  pay  the  sura 
of  four  dollars  for  every  such  offence:  Provided,  that  no   other  bar- 
gain was  made  previous  to  the  driver  taking  on  his  load. 

12.  Every  person  wishing  to  keep  for  hire  any  Chariot,  Coachee, 
Jersey- Wagon,  Phaeton,  Chair,  Gig,  or  other  pleasure  Carriage,  shall 
cause  the  same  to  be  entered  with  the  Clerk  of  the  Common  Hall  in 
like  manner,   as  is  by  this  Ordinance  prescribed,   for  the  entry  of 
Wagons,  Drays  and  Carts. 

13.  The  penalties  for  failing  to  enter,  mark  or  number,  any.  Char- 
riot,  Coachee,  Jersey  Wagon,  Phaeton,  Chair,  Gig,  or  other  Pleasure 
Carriage,  shall  be  the  same  as  are  prescribed   respecting  Wagons, 
Drays  and  Carts,  in  the  first  and  second  Sections  of  this  Ordinance — 
and  it  shall  be  the  duty  of  the  Mayor,  and  he  may  with  like  effect  as 
aforesaid,  enter  his  objections  to  any  dirver  or  drivers  of  any  such 
Carriage. 

14.  The  Clerk  of  the  Common  Hall  previously  to  granting  the  Cer- 
tificate before  mentioned,  shall  demand  and  receive  three  dollars  per 
wheel  on  every  Carriage  so  entered,  which  shall  procure  a  Licence 
for  one  year,  and  twenty-five  cents  as  his  fee  for  making  such  entry. 

15.  The  Rates  for  .every  such  four-wheeled  Carriage  shall  be  as  fol- 
lows, viz:  twenty -five  cents  for  the  use  of  such  Carriage;  provided 
the  distance  be  less  than  ten  Squares;  and  three  cents  per  Square,  if 
the  distance  be  more  than  ten  Squares.   The  price  by  the  hour  shall 
be  one  dollar  for  the  first  hour,  and  fifty  cents  for  every  hour  thereaf- 
ter;- and  fifty  per  centum  additional  upon  the  Rates:  for  services  ren- 
dered after  ten  o'clock  at  night.   No  driver  shall  be  compelled  to  re- 
reive  more  than  four  grown  persons  for  the  above  Rates;  from  Cun- 
ningham's Mill  to  the  intersection  of  the  Canal  in  Fifth  Street,  shall 
be  considered  as  three  Squares;  the  distance  between  the  point  of  in- 
tersection of  Rocketts  Street  and  E  Street  and  the  Bridge  over  Gillies 
Creek,  shall  be  considered  as  five  Squares;  and  the  distance  from  the 
said  Bridge  to  the  Coal  Yard  adjoining  Nicolson's  Wharf,  shall  be 
considered  as  four  Squares. 

16.  It  shall  be  the  duty  of  every  driver  of  such  Carriage  to  be  at 
all  times  furnished  with  a  Table  of  the  above  Rates,  under  the  penal- 

8 


58  Ordinances  of  the  City. 

ty  of  two  dollars  for  every  such  omission;  and  if  any  driver  of  a  Li- 
censed Carriage  shall  be  convicted  of  demanding  any  higher  Rate  than 
is  herein  expressed,  the  owner  or  possessor  thereof,  shall  forfeit  and 
pay  the  sum  of  four  dollars,  for  every  'such  offence:  Provided,  that  no 
other  agreement  shall  have  been  made,  at  the  time  of  employing  such 
Carriage. 

1 7.  The  driver  of  every  Carriage,  Wagon,  Dray  or  Cart  shall,  when 
meeting  any  other  Carriage,  Wagon,  Dray  or  Cart,  drive  to  his  right, 
and  shall  in  no  instance,  stop  his  Carriage,  Wagon,  Dray  or  Cart,  in- 
the  middle  of  any  Street,  Lane  or  Alley,  nor  opposite  to  any  inter- 
secting Street,  Lane  or  Alley,  but  shall  place  the  same,  as  near  as  may 
be  practicable,  to  the  Gutter  or  Foot-Pavement:    And  any  driver 
herein  offending  shall  be  subject  to  the  penalty  of  two  dollars  for  eve- 
ry such  offence,  if  he  be  a  free  man,  and  if  he  be  a  Slave,  shall  re- 
ceive any  number  of  lashes  not  exceeding  fifteen;  and  the  owner  shall 
fee  liable  for  any  damage  or  injury  which  may  be  caused  by  such  im- 
proper conduct. 

18.  The  Mayor,  Recorder  and  Aldermen  of  this  City,  the  Officers 
of  Police,  the  Sergeant  and  Constables  and  their  Deputies,  shall  each 
have  authority  to  order  any  Carriage,  Wagon,  Dray  or  Cart,  standing 
in  the  Street  to  be  removed  in  such  manner  as  may  seem  best  for 
the  convenience  of  others  passing;  and  every  driver  refusing  to  obey 
such  order,  shall,  if  a  Free  Man,  forfeit  and  pay  five  dollars,  and  if  a 
Slave,  receive  not  more  than  twenty  lashes,  at  the  discretion  of  a  Ma- 
gistrate. 

19.  When  any  of  the  offences  enumerated  in  Sections  sixth,  seven- 
teenth and  eighteenth  of  this  Ordinance,  shall  be  committed  in  pre- 
sence of  any  Officer  of  Police,  Sergeant,  Constables  or  their  sworn 
Deputies,  they  and  each  of  them  shall  have  authority  to  arrest  the 
offender,  and  conduct  them  without  loss  of  time  to  a  Magistrate,  to  be 
dealt  with  according  to  the  provisions  of  this  Ordinance ;   and  such 
Magistrate  shall  have  authority  to  award  the  sum  of  twenty-five  cents 
for  the  safe-keeping  of  the  Wagon,  Dray,  Cart  or  Carriage,  during  the 
absence  of  the  driver,  in  addition  to  the  other  penalties  hereby  im- 
posed. 

20.  All  Ordinances,  or  parts  of  Ordinances,  coming  within  the  pur- 
of  this  Prdinance  shall  be,  and  the  same  are  hereby  repealed. 


Ordinances  of  the  City.  59 

21.  .This  Ordinance  shall  commence  and  be  in  force,  from  and  after 
the  first  day  of  January,  one  thousand  eight  hundred  and  twenty- 
eight 


CHAP.  VII. 

Jin  Ordinance,  for  keeping  in  repair  the  Fountains  in  the 
Main  Street  of  the  City  of  Richmond,  and  for  other 
purposes. 

[Passed  November  16,  1827.] 

WHEREAS  the  Hall  has  at  considerable  expense,  sunk  several 
Wells  and  placed  Pumps  therein  on  H  Street,  arid  may  from  time  to 
time  sink  others  in  like  manner;  and  it  is  represented  that  sundry  libe- 
ral and  deserving  inhabitants  of  the  City  of  Richmond,  have  at  their 
own  expense,  placed  wooden  pipes  through  which  water  is  conveyed 
from  the  Basin  of  the  Canal,  through  the  Main  Street  of  the  said  Cily 
as  far  as  Shockoe  Creek,  and  have  erected  Fountains  or  Jets  in  diiFer- 
cnt  parts  of  the  said  pipes,  whereby  many  Citizens  are  conveniently 
supplied  with  water,  and  in  case  of  Fire  in  that  part  of  the  City,  great 
advantages  may  be  experienced  from  the  water  supplied  at  the  said 
Fountains  or  Pumps,  In  order  therefore  that  the  same  may  be  kept  in 
good  order, 

I.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond,  in  Common  Hall  assembled,  and  it  is 
hereby  Ordained  by  the  authority  of  the  same,  That  if  any  person 
shall  break  down  or  otherwise  destroy  any  of  the  said  Fountains,  Jets 
er  Pumps,  he,  she  or  they  so  offending,  shall  be  liable  to  pay  a  fine  not 
exceeding  six  dollars  and  sixty-six  cents,  for  each  Fountain,  Jet  or 
Pump  so  destroyed.  And  any  person  who  shall  wilfully  place  any  ob- 
struction, in  any  part  of  the  said  Pipes,  Fountains  or  Pumps,  or  other- 
wise injure  the  same,  shall  be  liable  to  a  fine  not  exceeding  six  hun- 
dred and  sixty-six  cents,  at  the  discretion  of  a  Magistrate.  And  where 
the  offender  in  any  case  shall  be  a  Slave,  he  or  she  shall  receive  on 
his  or  her  bare  back,  such  number  of  stripes  as  a  Magistrate  shall  di- 
rect, not  exceeding  twenty:  Provided,  That  nothing  herein  contain- 
ed, shall  be  construed  to  prevent  the  proprietors  of  the  said  Pipes  and 
Fountains,  from  .repairing  or  altering  the  same,  at  any  time  or  in  any 


9 

60  Ordinances  of  the  City. 

manner  they  shall  think  best,  so  long  as  they  shall  be  deemed  by  the 
Common  Hall,  an  advantage  to  the  said  City. 

2.  This  Ordinance  to  commence  and  be  in  force  from  and  after  the 
first  day  of  January,  in  the  year  One  thousand  eight  hundred  and  twcn- 
ty-eight. 


CHAP.   VIII. 

An  Ordinance,  for  the  Appointment  of  an  Inspector  and 
Guager  of  Spirits  and  other  Liquids,  and  for  defining  his 
duties. 

[Passed  November  21,  1827.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond,  in  Common  Hall  assembled,  and  it  is 
hereby  Ordained  by  the  authority  of  the  same,  That  annually  on  the 
second  Tuesday  in  February,  or  so  soon  thereafter  as  may  be  conve- 
nient, there  shall  be  appointed  by  ballot  by  the  Common  Hall,  one 
discreet  and  proper  person  to  be  known  by  the  name  of  Guager  and 
Inspector  of  Spiritous  Liquors,  whose  duty  it  shall  be,  to  guage  and 
inspect  in  the  manner  hereinafter  mentioned,  all  Spiritous  Liquors, 
Wine  and  Oil,  Molasses,  Vinegar  and  Spirits  of  Turpentine  in  Casks, 
which  may  be  brought  to  this  City,  after  this  Ordinance  shall  com- 
mence in  operation,  for  the  purpose  of  being  vended  therein, 

2.  And  be  it  further  Ordained,    That  when  any  Spiritous  Li- 
quors, Wine,  Oil  or  Molasses,  or  other  Liquids  of  the  above  descrip- 
tion, shall  be  brought  to  this  City  after  the  period  aforesaid,  for  the 
purpose  of  being  vended  therein,  either  by  wholesale  or  retail,  it  shall 
be  the  duty  of  the  owner  or  consignees  thereof,  to  submit  the  same  to 
the  inspection  and  examination  of  the  said  Guager  and  Inspector  of 
Spiritous  Liquors,  before  a  sale  of  the  same  or  any  part  thereof,  who 
shall  thereupon  guage  and  inspect  each  cask  thereof,  to  ascertain  the 
proof  of  the  said  Spirit  and  the  quantity  in  each  cask,  and  when  ascer- 
tained, shall  \vith  branding  irons  to  be  procured  by  him  for  the  pur- 
pose, mark  on  each  cask  the  contents  thereof  in  gallons,  and  the  proof 
of  the  Spirits, 


Ordinances  »/  the  City.  6i 

3.  Jind  be  it  further   Ordained,   That  for  the  purpose  of  accu- 
rately guaging  the  said  casks,  and  thereby  ascertaining  the  quantity  of 
Liquor  or  other  Liquids  of  the  above  description  in  each,  the  Guager 
and  Inspector  of  such  Spirits  or  Liquids,  to  be  appointed  by  virtue  of 
this  Ordinance,  shall  instead  of  the  straight  rod,  which  has  been  here- 
tofore used  in  guaging  in  this  City,  make  use  of  the  scale  commonly 
known  by  the  name  of  the  <Gunter'  or  'Gunter's  Scale.' 

4.  And  be  it  further  Ordained,  That  if  any  owner  or  consignee 
of  any  of  the  said  Liquids,  or  agent  of  either,  intrusted  with  the  said 
Liquids,  which  may  be  brought  to  this  City  after  the  period  aforesaid, 
shall  make  sale  of  the  same  or  any  part  of  them  within  this  City,  with- 
out first  submitting  the  same  to  the  inspection  and  examination  of  the. 
said  Guager  and  Inspector,  and  having 'the  same  inspected,  guaged 
and  branded  in  the  manner  above  prescribed,  every  such  person  so 
offending,  shall  forfeit  and  pay  six  dollars  for  every  such  offence. 

5.  Jlnd  be  it  further  Ordained,  That  if  any  person  shall  alter  the 
mark  stamped  on  any  cask  by  the  Guager  and  Inspector,  or  shall  mark 
or  brand  any  cask  which  has  not  been  guaged  and  inspected,  with  any 
mark  or  brand  similar  to,  or  in  imitation  of,  the  mark  or  brand  of  the 
said  Guager  and  Inspector,  such  person  shall  forfeit  and  pay  the  sum 
of  six  dollars  and  sixty-six  cents,  for  each  offence :  Provided,  That 
nothing  in  this  Ordinance  contained,  shall  be  construed  to  prevent  the 
Grocers  and  dealers  in  Liquids  aforesaid,  within  this  City,  from  vend- 
ing any  of  the  said   Liquids  as  heretofore,  after  the  same  shall  have 
been  once  guaged  and  inspected  when  bought  therein. 

6.  And  be  it  further  Ordained,  That  no  retailer  of  Spirits,  Wines 
or  other  Liquids  "aforesaid  within  the  Jurisdiction  of  this  City,  shall 
sell  or  refill  any  empty  cask  so  branded,  until  all  the  brands  denoting 
the  quality  shall  be  completely  obliterated;  and  any  person  so  offend- 
ing, shall  forfeit  and  pay  the  sum  of  six  dollars  for  every  offeiice. 

7.  And  be  it  further  Ordained,  That  the  sfrid  Guager  and  Inspec- 
tor of  Spiritous  Liquors,  shall  for  the  services  by  this  Ordinance  di- 
rected to  be  performed,  be  entitled  to  demand  and  receive  of  the  own- 
er cr  owners  of  any  Liquids  as  aforesaid,  so  guaged  and  subjected  to 
proof  by  him,  if  he  or  she  shall  reside  within  the  City,  and  if  not, 
then  from  the  consignees  thereof,  compensation  after  the  following 
rates:  For  guaging  every  cask  where  the  whole  number  of  casks  shall 


62  Ordinances  of  the  City. 

be  five  or  under  that  number,  fifteen  cents  each ;  and  where  the  num- 
ber shall  exceed  five,  ten  cents  for  each  cask;  and  for  branding  the 
contents  and  proof  of  each  cask  thereon  as  above  directed,  five  cents 
for  every  cask. 

8.  And  be  it  further  Ordained,  That  the  Guager  or  his  Deputy 
may  whenever  he  shall  deem  it  necessary,  stop  up  the  bung  of  any 
cask  and  make  a  new  one,  in  such  part  as  shall  appear  to  him  most 
likely  to  obviate  the  malconstruction  of  the  cask. 

9  And  be  it  further  Ordained,  That  the  Guager  and  his  Deputy  ^ 
if  he  shall  appoint  one,  shall  each  respectively  take  an  oath  before  the 
Mayor  of  the  City,  'faithfully  and  impartially  to  perform  the  duties 
of  his  Office;'  a  certificate  of  which  oath  shall  be  filed  with  the  Clerk 
of  the  Common  Hall,  previous  to  such  Guager  or  his  Deputy  proceed- 
ing to  act  under  this  Ordinance. 

10.  And  be  it  further  Ordained,  That  no  person  appointed  a 
Guager  and  Inspector  of  Spiritous  Liquors,  shall  be  permitted  to  vend 
any  of  the  articles  required  by  this  Ordinance  to  be  guaged,  during 
the  time  of  his  continuance  in  his  Office. 

.11.  And  be  it  further  Ordained,  That  the  said  Guager  and  In- 
spector, shall  once  in  three  months,  return  to  the  Common  Hall  of 
this  City,  an  account  of  the  number  and  description  of  casks  guaged 
by  him. 

12.  And  be  it  further  Ordained   That  all  the  penalties  imposed 
by  this  Ordinance,  shall  be  recoverable  by  Warrant,  before  any  Ma- 
gistrate of  this  City. 

13.  All  Ordinances  and  parts  of  Ordinances  coming  within  the  pur- 
view of  this  Ordinance,  shall  be  and  the  same  are  hereby  repealed. 

14.  This  Ordinance  shall  commence  and  be  in  force,  from  and  af- 
ter the  first  day  of  January,  one  thousand  eight  hundred  and  twenty- 
eight. 


Ordinances  of  the  City,  63 

CHAP.  IX. 

An   Ordinance    fixing   the  Salary  of  the  Commonwealth'* 
Attorney \  for  the  City  of  Richmond. 

[Passed  February  5,  1828.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond,  in  Common   Hall  assembled,  and  it  is 
hereby  Ordained  by  the  authority  of  the  same,  That  the  Common- 
wealth's Attorney  for  this  City,  shall  be  allowed  an  Annual  Salary  of 
six  hundred  dollars,  payable  quarter  yearly;  which  said  Salary  shall 
be  in  lieu  of  all  fees  for  services  rendered  by  him  as  Commonwealth's 
Attorney  for  the  said  City;  and  that  the  Chamberlain  be,   and  he  is 
hereby  authorised  and  required,  to  pay  the  same  out  of  the  Funds  of 
the  said  City :  any  former  usage  or  custom  to  the  contrary,  notwith- 
standing. 

2.  'This  Ordinance  shall  commence  and  be  in  force,  from  and  after 
the  passage  thereof. 


CHAP.  X. 

Jin  Ordinance,  for  the  Government  of  the  Powder  Magazine 
of  this  City,  and  for  other  purposes. 

[Passed  February  12,  1828.] 

1 .  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond  in  Common  Hall  assembled,  and  it  is  here- 
by Ordained  by  the  authority  of  the  same,  That  the  Common  Hall 
aforesaid  shall  annually,  at  the  February  monthly  Meeting  of  the  Hall, 
or  so  soon  thereafter  as  may  be  convenient,  elect  by  ballot  a  Keeper 
of  the  Powder  Magazine  of  this  City,  who  shall  continue  in  Office  for 
one  year  and  until  a  new  election  shall  have  been  made,  but  may  be 
removed  at  pleasure  by  a  vote  of  two-thirds  of  the  Members  of  the 
Hall  present;  and  in  case  of  such  removal,  or  in  case  of  the  death  or 
resignation  of  the  Keeper,  the  Hall  may  proceed  forthwith  to  the  elec- 
tion of  a  successor. 

2.  And  be  it  further  Ordained,  That  the  Keeper  of  the  Maga- 
zine aforesaid,  shall  before  he  enters  on  his  duties  as  Keeper,  give 


V 

64  Ordinances  of  the  City. 

bond  and  security  to  be  approved  by  the  Hall,  in  the  penalty  of  four 
thousand  dollars  payable  to  the  Mayor,  Aldermen  and  Commonalty 
of  the  City  of  Richmond  for  the  time  being,  and  their  successors  in 
Office,  conditioned  that  he  will  well  and  truly,  do  and  perform  each 
and  every  duty  required  by  this- Ordinance;  and  make  good  any  losses 
which  may  arise  upon  any  Powder  committed  to  his  charge,  accidents 
by  fire,  water,  or  house-breaking,  and  injuries  by  long  keeping,  only 
excepted.  The  said  bond  may  be  put.  in  suit  for  the  benefit  and  at  the 
costs  of  the  Corporation,  or  of  any  person  injured  by  any  breach  of 
the  condition  thereof,  and  shall  not  be  void  upon  the  first  recovery, 
but  farther  damages  may  be  recovered  thereon  in  like  manner,  for 
any  other  breach  or  breaches  of  the  said  condition,  until  the  whole 
penalty  shall  have  be.en  recovered. 

3.  rfnd  be  it  further  Ordained,  That  it  shall  be  the  duty  of  the 
said  Keeper,  to  take  care  of  and  keep  in  a  proper  state  and  condition, 
the  Magazine  aforesaid.   He  shall  keep  a  book,  in  which  shall  be  care- 
fully entered,  all  Powder  by  him  received  and  delivered;  by  which 
book,  the  quantity  and  quality  of  the  Powder  which  may  at  any  time 
be  stored  in  the  said  Magazine,  and   the  persons  to  whom  the  same 
may  belong,  will  fully  and  plainly  appear.    He,  at  all  times,  shall, 
between  the  rising  and  setting  of  the  sun,  every  day  (Sundays  except- 
ed,) be  ready  for  the  reception  or  delivery  of  all  Powder  which  may 
be  offered  to  him,  for  safe  keeping  in  the  Magazine,   or  called  for 
therefrom.   When  required,  he  shall  grant  receipts  for  all  Powder  by 
him  received.   He  shall  turn  every  keg  of  Powder  which  may  be  .in 
the  Magazine,  at  least  once  in  every  three  months.   And  he  shall  de- 
liver on  application,  within  the  hours  aforesaid,  all  Powder  committed 
to  his  charge;  accidents  by  fire,  water,  or  house-breaking,  or  injuries 
by  long  keeping  only  excepted:  Provided^  That  he  shall  not  at  any 
time,  deliver  Powder  to  a  Slave,  or  Free  Negro,  or  Mulatto,  but  in  the 
presence  of  the  owner  of  the  Powder,  or  some  white  person,  represent- 
ing him;  except  upon  the  written  order  of  the  owner  of  the  Powder. 

4.  -Jlnd  be  it  further  Ordained,  That  the  person  or  persons  re- 
ceiving Powder  from  the  Magazine,  shall  be  bound  to  pay  twenty- 
five  cents  for  every  twenty-five  pounds  of  Powder  received,  and 
which  shall  remain  twelve  months  or  less;  and  one  cent  per  month, 
for  every  month,  for  every  twenty-five  pounds,  which  shall  remain  af- 
ter the  expiration  of  twelve  months:  and  .that  the  Keeper  shall  not 
deliver  .any  Ponder   without  -.tory 
security  lor  tlio  -sine. 


Ordinances  of  the  City.  65 

5.  And  be  it  furtfier  Ordained,  That  the  said  Keeper  shall  retail* 
*mt  of  the  monies  received  by  him  for  the  Storage  of  Powder,  twen- 
ty cents  per  keg  as  compensation  for  his  duties,  attending  the  same: 
And  that  it  shall  be  his  duty  to  account,  under  oath,  with,  and  pay 
over  quarterly  to  the  Chamberlain,  the  balance  thereof  as  a  part  of  the 
funds  belonging  to  this  City. 

6.  Be  it  further  Ordained,  That  the  Keeper,  on  receiving  Pow- 
der if  he  suspects  it  to  be  damaged;  or  the  proprietor  on  taking  Pow- 
der out  of  the  Magazine,  if  he  suspects  it  to  have  sustained  damage 
in  the  Magazine,  may,  on  application  to  any  Magistrate  of  this  City, 
obtain  his  Warrant  directed  to  any  three  respectable  persons  residing 
within  this  City,  who  shall  on  oath   grant  a  certificate  to  the  party 
praying  the  same,  stating  the  condition  of  the  Powder  so  received  or 
taken  out:  Provided,  That  the  adverse  party,  or  his  representative, 
shall  receive  notice  in  writing  of  such  intended  review;  which  notice 
shall  be  given  at  the  time  of  receiving  or  of  taking  away  such  Powder, 
supposed  to  be  damaged  as  aforesaid. 

7.  Jlnd  be  it  further  Ordained,  That  no  person  or  persons  within 
the  City  of  Richmond,  shall  retain  in  his,  her  or  their  possession  at 
any  time,  more  than  twenty-five  pounds  of  Powder.   And  every  per- 
son who  shall  retain  more  than  the  said  quantity  in  his,  her  or  their 
possession  for  the  space  of  twelve  hours,  shall  forfeit  and  pay  for 
every  twelve  hours,  the  sum  of  twenty-four  shillings,  to  be  recovered 
and  appropriated  as  other  fines  and  penalties  are.   The  Powder  so  re- 
tained, shall  be  kept  in  Tin  Canisters  and  not  otherwise.   And  every 
person  who  shall  keep  in  his,  her  or  their  possession  for  the  space  of 
twelve  hours,  two  pounds  of  powder  or  more,  in  any  other  manner 
than  herein  before  directed,  shall  forfeit  and  pay  for  every  such  of- 
fence, the  sum  of  ten  shillings:  and  for  every  twenty -four  hours  that 
the  said  Powder  shall  remain  after  the  expiration  of  the  said  twelve 
hours,  the  farther  sum  of  ten  shillings,  to  be  recovered  and  appropria- 
ted as  herein  before  directed. 

8.  And  be  it  further  Ordained,  That  it  shall  be  the  duty  of  the 
Keeper,  to  see  that  the  Magazine  and  its  enclosure  are  in  a  good  state 
of  repair  at  all  times:  and  to  that  end,  it  is  hereby  declared  to  be  his 
duty,  to  report  to  the  President  of  the  Common  Hall  in  writing,  any 
injury  which  may  have  occurred,  and  any  repairs   which   may  be 
necessary.    And  for  any  failure  to  do  so,  for  one  week  after  such  in~ 

9 


66  Ordinances  of  the  City. 

jury  may  have  occurred,  or  repairs  become  necessary,  he  shall  be  re- 
sponsible for  any  loss  by  robbery,  or  water,  sustained  by  the  want  of 
such  repairs.  And  the  person  or  persons  so  injured,  or  the  Corpora- 
tion, shall  have  their  remedy  against  him,  by  suit  upon  his  official 
bond  in  like  manner  as  other  persons  may,  for  any  breach  of  the  con- 
dition of  said  bond. 

9.  Jlnd  be  it  further  Ordained,  That  it  shall  be  the  duty  of  the 
said  Keeper,  and  he  is  hereby  required,  to  report  once  a  year  to  the 
Chamberlain,   the  quantity  of  Powder  remaining  in  the  Magazine, 
with  the  names  of  the  persons  by  whom  it  was  deposited. 

10.  This  Ordinance  shall  commence  and    be  in  force,  from  and 
after  the  passing  thereof. 


CHAP.   XI. 

dn  Ordinance,  prescribing  the  Duties,  and  Regulating  the 
Appointment  of  an  Assessor  and  of  a  Collector  for  the  City 
of  Richmond. 

[Passed  February  16,  1828.] 

1.  BE  it  Ordained,  by  the  President  and  Members  of  the  Com- 
mon Council  of  the  City  of  Richmond  in  Common  Hall  assembled, 
and  it  is  hereby  Ordained  by  the  authority  of  the  same,  That  the 
Hall  shall  annually  at  the  stated  meeting  in  the  month  of  January,  or  as 
soon  thereafter  as  practicable,  appoint  a  discreet  and  reputable  person  to 
be  Assessor,  for  the  purposes  herein  after  mentioned,  for  the  City  of 
Richmond.  The  person  so  appointed  shall,. before  entering  on  the  du- 
ties of  his  office,  take  the  following  oath,  before  the  Hustings  Court  for 
the  City  of  Richmond:  "  I,  A.  B.  do  swear  (or  affirm)  that  as  Assessor 
for  the  City  of  Richmond,  I  will,  to  the  best  of  my  skill  and  judg- 
ment, diligently  and  faithfully  execute  the  duties  of  my  said  office, 
without  favour,  affection  or  partiality;  and  that  I  will  do  equal  right 
and  justice,  according  to  the  best  of  my  knowledge,  in  every  case  in 
which  I  shall  act  as  Assessor.  So  help  me  God. "  And  shall  moreover 
execute  his  Bond  in  the  penalty  of  two  thousand  dollars,  payable  to  the 
Mayor,  Aldermen,  and  Commonalty  of  the  City  of  Richmond,  for  the 
•time  being  and  their  successors  in  office,  with  such  security  as  shall  be 


Ordinances  of  the  City,  67 

approved  by  the  Hustings  Court  of  the  City,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office,  which  shall  be  entered  of  Record 
in  the  said  Court  And  the  Corporation  of  the  said  City,  at  the  costs 
and  charges  of  the  said  City,  when  the  City  is  injured ;  and  any  per- 
son  or  persons  injured,  at  his  or  her  proper  costs  and  charges,  may 
and  shall  in  the  name  of  the  Mayor,  Aldermen,  and  Commonalty 
aforesaid,  or  of  their  successors  in  office,  commence  and  prosecute  suits 
on  the  said  Bond,  against  the  parties  therein  bound,  their  heirs,  execu- 
tors or  administrators,  and  shall  and  may  recover  all  damages  which 
the  City  or  any  person  or  persons  may  have  sustained  by  reason  of 
the  breach  of  the  condition  of  the  said  Bond;  and  such  Bond  shall  not 
become  void  upon  the  first  recovery,  or  if  Judgment  shall  be  given 
against  any  Plaintiff  or  Plaintiffs  who  shall  sue  upon  such  Bond,  but 
may  be  put  in  suit  and  prosecuted,  from  time  to  time,  for  the  benefit 
and  at  the  proper  costs  and  charges  of  the  City  or  any  person  injured, 
until  the  penalty  expressed  in  such  Bond  shall  be  recovered.  The 
said  Assessor  shall  annually  Ynake  out  a  book  containing  a  list  of  the 
Tax  on  Houses  and  Lots,  whether  improved  or  not,  in  the  City;  and 
shall  enter  in  such  book,  separately,  each  Lot  or  part  of  a  Lot  held  and 
owned,  within  the  City,  by  any  individual;  giving  in  separate  col- 
umns the  number  of  such  Lot  or  part  of  a  Lot,  and  the  number  of 
running  feet  it  may  front  on  any  Street,  the  value  of  the  ground  and 
of  the  improvements,  the  name  of  the  owner,  his  residence,  and  the 
amount  of  taxes  on  the  same;  and  shall  note  any  alterations,  as  to  ow- 
nership, value,  improvements  or  title,  which  may  have  been  made  in 
the  preceding  or  any  other  year,  and  which  may  not  have  been  catered 
on  the  books  of  the  Assessor.  The  said  Assessor  shall  also,  annually 
take  a  list  of  the  Taxable  Personal  Property  of  each  person  resident 
within  the  City,  keeping  a  list  of  each  species  of  such  Property  in  se- 
parate columns  in  a  book  by  him  to  be  prepared  for  that  purpose,  and 
in  each  case  stating  the  amount  of  Tax  separately  and  in  the  aggregate, 

2.  *ftnd  be  it  farther  Ordained,  by  the,  authority  aforesaid,  That 
in  taking  a  list  of  the  Real  and  Personal  Property  liable  and  subject  to 
Taxation  by  any  Ordinance  of  the  City,  the  Assessor  shall  have  refer- 
ence to  what  was  actually  held  or  owned  by  the  person  or  persons,  to 
whom  the  same  is  charged,  on  the  first  day  of  March  in  each  year; 
and  when  taking  such  lists,  he  shall  carry  with  him  his  Tax  Books  of 
the  preceding  year,  and  shall  show  to  each  person  resident  within  the 
City,  and  to  the  agent  if  any,  of  each  non-resident,  the  quantity  and 
description  of  the  Lota  charged  to  them,  and  shall  require  of  such  re« 


68  Ordinances  of  the  City. 

sident  person,  and  such  agent  of  each  non-resident  person,  to  slate  upon 
oath  or  affirmation,  whether  the  Lots  so  charged  be  correctly  descri- 
bed; whether  any  part  thereof  ought  to  be  transferred  to  any  other 
person;  and  if  so,  to  whom,  and  for  what  cause;  and  whether  any 
other  Lot,  or  part  of  a  Lot,  ought  to  be  charged  to  such  resident  or 
non-resident;  and  he  shall  further  require  of  such  resident  or  such 
agent,  on  oath  or  affirmation,  such  description  of  the  Lots  or  parts  of 
Lots  so  charged,  and  of  such  other  Lots  or  parts  of  Lots,  which  ought 
to  be  charged;  as  will  enable  the  said  Assessor  to  comply  with  the  re- 
quisitions of  this  Ordinance.   And  any  person,  being  so  called  on  by 
the  Assessor,  who  shall  fail  or  refuse  without  sufficient  cause  therefor, 
to  give  such  statement  or  description  on  oath  or  affirmation,  such  per- 
son shall  forfeit  and  pay  to  the  use  of  the  City,  for  each  failure  or  re- 
fusal, six  dollars  and  sixty-six  cents,  to  be  recovered  and  appropriated 
as  other  fines  now  are.   And  it  shall  be  the  duty  of  the  Assessor  to 
give  immediate  notice  to  some  Justice  of  the  Peace  for  the  City,  of 
each  failure  or  refusal,  and  to  prosecute  such  offender  for  the  fine 
aforesaid,  from  time  to  time  as  often  as  such  failure  or  refusal  shall 
take  place.  The  Assessor  shall  annually  in  making  out  his  book,  con- 
taining the  list  of  Lots  and  Improvements  thereon,  correct  any  errors 
of  entries  or  descriptions  of  the  preceding  year,  as  may  appear  to  ex- 
ist by  satisfactory  evidence.   But  no  transfer  of  any  Lot,  which  had 
been  previously  correctly  charged,  shall  be  made  from  one  person  to 
another,  and  no  new  entry  of  any  Lot  or  part  of  a  Lot,  shall  hereaf- 
ter be  made,  but  upon  Record  evidence,  that  such  transfer  or  new  en- 
try is  correct.   The  Lots  or  parts  of  Lots  of  deceased  persons,  shall  be 
charged  to  his  or  her  estate,  until  by  proof,  it  shall  be  made  to  ap- 
pear to  whom  the  same  ought  to  be  transferred.   And  the  Personal 
Estate  of  such  deceased  person,  shall  be  liable  to  distress  for  the  pay- 
ment of  the  Taxes  due  thereon.   But  so  soon  as  the  Assessor  shall  have 
ascertained  by  any  satisfactory  evidence,  the  name  or  names  of  the 
heir  or  heirs  of  such  deceased  person,  he  shall  transfer  on  his  books, 
such  Lot  or  Lots  to  the  said  heir  or  heirs;  and  from  thenceforth  the 
Personal  Property  of  such  heir  or  heirs  shall  be  liable  for  the  Tax  on 
such  Lot  or  Lots.   The  said  Assessor  shall,  as  soon  after  the  first  day 
of  March  in  each  year  as  practicable,  proceed  without  delay,  and  call 
upon  every  person  liable  to  pay  any  Tax,  or  having  the  care  of  any 
Property  on  which  a  Tax  is  imposed,  for  a  written  list  thereof,  to 
which  such  person  shall  make  oath  or  affirmation,  that  it  contains  a 
just  and  true  account  of  all  persons,  and  of  every  species  of  property 


Ordinances  of  the  City.  69 

in  his  or  her  possession  or  care,  within  the  City  of  Richmond  (Lots 
only  excepted)  subject  to  taxation  on  the  first  day  of  March  then  next 
preceding,  and  that  no  method  hath  been  devised,  practised  or  used 
in  order  to  evade  the  payment  of  Taxes;  and  which  oath  the  said  As- 
sessor is  hereby  authorised  to  administer-* 

3.  *ftnd  be  it  further  Ordained,  by  the  authority  aforesaid, 
That  any  person  failing  or  refusing  to  furnish  such  list  or  to  make 
such  oath  or  affirmation,  when  called  on  fey  the  Assessor,  shall  for 
each  failure  or  refusal,  as  often  as  the  same  occurs,  be  fined  six  dollars 

.and  sixty-six  cents,  to  be  recovered  and  appropriated  as  other  fines  by 
the  existing  Ordinances  of  the  City  are  now  directed  to  be  recovered 
and  appropriated.  And  the  Assessor  may  in  such  case  proceed  to  take 
the  list  of  the  taxable  property  of  such  person,  upon  the  evidence  of 
other  persons,  or  upon  any  proof  satisfactory  to  the  Assessor,  or  upon 
his  own  knowledge. 

• 

4.  Jlndbe  it  further  Ordained,  by  the  authority  aforesaid,  That 

the  Assessor  shall  complete  and  return,  and  deliver  to  the  Chamber- 
lain, two  fair  copies  of  his  list  of  Lots  taxed  by  the  City,  and  of  his 
list  of  other  taxable  Persons  and  Property,  on  or  before  the  first  day 
of  July  in  each  year,  one  for  the  use  of  the  Hall,  and  one  for  the  use 
of  the  Collector. 

ft.  Jlnd be  it  further  Ordained,  That  in  aU  respects,  the  said  As- 
sessor shall,  as  nearly  as  he  can,  perform  the  duties  of  his  Office  in 
the  manner  required  of  the  Commissioners  of  the  Revenue,  by  the  Act 
of  the  General  Assembly,  passed  on  the  6th  day  of  March,  1819,  en- 
titled, "An  Act,  reducing  into  one  the  several  Acts  prescribing  the 
mode  of  ascertaining  the  Taxable  Property  within  this  Commonwealth, 
and  of  collecting  the  Public  Revenue."  For  the  services  rendered  by 
the  said  Assessor,  he  shall  receive,  annually,  the  sum  of  five  hundred 
dollars,  to  be  paid  him  on  the  first  day  of  January,  in  each  year. 

6.  And  be  it  further  Ordained,  That  no  error  committed  by  the 
Assessor,  in  entering  and  charging  any  person  or  persons  with  a  Tax 
where  he,  she  or  they  ought  not  to  be  so  charged,  shall  be  corrected, 
after  the  payment  of  the  said  Tax,  or  after  twelve  months  shall  have 
expired  from  the  day  on  which  the  Assessor's  Books  containing  such 
erroneous  charge  shall  have  been  returned  certified  by  the  Equalizers. 
The  President  of  the  Hall  may,  upon  complaint  to  him  made  OF> 


V 

70  Ordinances  of  the  City. 

oath  or  affirmation,  that  any  person  is  charged  improperly  with  an 
Assessment,  Levy  or  Tax,  by  his  order  in  writing,  suspend  the  col- 
lection thereof,  until  the  person  so  complaining  can  have  an  opportu- 
nity of  obtaining  from  the  Common  Hall,  by  its  order,  a  correction 
of  such  alledged  error. 

7.  And  be  it  further  Ordained  by  the  authority  aforesaid,  That 
at  the  Stated  Meeting  of  the  Hall,  held  in  the  month  of  May  in  each 
year,  or  as  soon  thereafter  as  practicable,  there  shall  be  appointed 
from  their  own  body,  three  persons  as  Equalizers  of  the  land  and 
other  taxes  of  the  City,  whose  duty  it  shall  be,  upon  the  return  of  the 
books  required  by  this  Ordinance  to  be  made  up  and  returned  by  the 
Assessor,'  to  examine  the  same,  to  correct  all  errors  apparent  on  the 
face   thereof,    to    hear  and    decide    on    all  complaints  made  against 
the  Assessor  for  overcharges  and  correct  the  same;  and   where  they 
shall  be  satisfied,  too  little  has  been  charged  to  any  person  or  persons, 
to  correct  such  error.   And 'the  said  Equalizers  shall,  after  such  ex- 
amination, certify  the  fact  that  they  have  made  the  same,  and  find  the 
said  books  accurate,  except  in  such  cases,  if  any,  in  which  they  may 
have  corrected  them;  all  which  shall  be  done  and  by  them  certified  to' 
the  Chamberlain  on  or  before  the  first  day  of  August  in  every  year. 

8.  And  be  it  further  Ordained  by  the  authority  aforesaid,  That 
the  Assessor  shall  annually  ascertain  and  return  in  his  list  of  Taxable 
Lots,  the  yearly  rent  or  value  of  all  Ordinaries  and  Houses  of  Private 
Entertainment;  which  shall  be  ascertained  by  the  rent  paid  by  the 
tenant;  and  when  such  House  of  Private  Entertainment  or  Ordinary 
is  in  the  occupation  of  the  proprietor,  the  yearly  rent  or  value  shall 
be  ascertained  by  a  comparison  of  its  value,  with  other  Houses  actual- 
ly rented,  and  to  enable  the  Assessor  to  ascertain  the  rent  paid  for 
any  such  House  of  Private  Entertainment  or  Ordinary,  actually  rent- 
ed or  leased,  he  may  call  on  the  tenant  or  proprietor  to  declare  on 
oath  or  affirmation,  what  is  the  amount  of  rent  paid  for  the  same,  and 
every  person  so  called   on,  failing  or  refusing  so  to  declare,  shall  for 
each  and  every  failure  or  refusal  forfeit  and  pay  the  sum  of  six  dol- 
lars and  sixty-six  cents,  to  be  recovered  and  appropriated  as  other 
fines  are  now  authorised  to  be  recovered  and  appropriated.   The  said 
Assessor  shall  make  out  and  return  with  his  said  lists  of  Lots,  and 
other  Taxable  Property,  a  list  of  all  buildings  erected  within  the  City 
in  the  preceding  year;  stating  of  what  materials  the  walls  are  built; 


Ordinances  of  the  City.  71 

whether  of  brick  or  of  wood;  the  height  thereof,  whether  one  or  two 
or  more  stories,  and  for  what  uses  and  purposes  the  said  buildings  are 
intended;  the  said  Assessor  shall  in  his  said  list  enter  all  Taxable  Pro- 
perty by  him  owned,  as  well  as  all  persons  for  whom  he  is  liable  to  pay 
a  tax.  In  preparing  the  said  lists,  he  shall  keep  each  Ward  separate 
and  arrange  the  persons  in  alphabetical  order;  opposite  to  which,  he 
shall  set  down  the  total  amount  of  tax  with  which  each  is  charge- 
able; he  shall  add  up  the  amount  of  each  column  on  each  page  of  his 
lists,  so  as  to  present  at  the  bottom  of  each,  the  total  number  of  per- 
sons and  articles  subject  to  taxation,  with  the  sum  total  of  the  tax  due 
on  all  the  subjects  contained  in  such  page,  and  at  the  close  of  his  lists 
shall  show  in  one  general  view,  the  various  species  and  total  number 
of  subjects  of  City  Taxation;  and  the  total  amount  of  the  Revenue 
arising  therefrom.  The  Assessor  shall  receive  no  part  of  the  compen- 
sation allowed  him  by  this  Ordinance,  until  the  duties  hereby  requir- 
ed of  him,  shall  have  been  fully  and  completely  performed,  and  the 
same  certified  by  the  Chamberlain. 

9.  And  be  it  further  Ordained,  That  the  said  Assessor  be  requir- 
ed to  make  out  a  fair  statement  of  the  costs  of  pavements  made  oppo- 
site to  the  property  of  every  person,  on  the  Streets  which  have  been 
paved,  together  with  the  amount  of  taxes  which  have  been  paid  upon 
such  property  for  pavement,  so  made  before  his  or  her  property  so 
improved,  and  make  report  thereof  to  the  Committee  of  Equalizers; 
and  the  said  Equalizers  shall  have  power  to  settle  all  such  accounts, 
give  the  necessary  credits,  and  direct  when  the  special  tax  laid  for 
pavement  shall  cease  to  be  collected  from  each  individual. 

10.  And  be  it  further   Ordained  by  the  authority  aforesaid, 
That  the  said  Assessor  be,  and  he  is  hereby  authorised  and  required, 
to  obtain  from  the  Clerk  of  the   Hustings  Court  of  the  City  of  Rich- 
mond, and  of  the  Clerk  of  the  Court  for  the  County  of  Henrico,  a  list 
of  all  Wills  and  Conveyances  executed  and  recorded  in  their  respec- 
tive Courts  within  the  preceding  year,  for  any  real  property  lying 
and  being  in  the  City  of  Richmond,  which  lists  shall  contain  as  nearly 
as  practicable,  a  description  of  the  situation,  extent  and  location  of  the 
property  so  conveyed;  for  furnishing  which  lists,  the  said  Clerk's  shall 
each  receive  annually  the  sum  of  fifteen  dollars,  to  be  paid  them  upon 
the  certificate  of  the  said  Assessor,  that  such  lists  have  been  properly 
furnished  him:  Provided  however,  That  whensoever  the  same  person 
shall  fill  the  Office  of  Commissioner  of  the  Revenue  for  the  Common- 


72  Ordinances  of  the  City. 

wealth  for  the  City  of  Richmond,  and  also  of  Assessor  for  the  same ; 
then  no  allowance  shall  be  made  to  the  said  Clerk's  for  any  list,  or 
information  imparted  by  them  to  the  Assessor,  in  aid  of  the  discharge 
of  his  duty. 

11.  And  be  it  further  Ordained  by  the  authority  aforesaid, 
That  at  the  Stated  Meeting  of  the  Hall,  held  in  the  month  of  June. 
or  as  soon  thereafter  as  practicable,  there  shall  be  appointed  a  Collector 
of  the  City  taxes,  who,  before  he  enters  on  the  discharge  of  the  duties  of 
his  Office,  shall  execute  his  bond  payable  to  the  Mayor,  Aldermen  and 
Commonalty  of  the  City  of  Richmond,  for  the  time  being,  and  their 
successors  in  Office,  in  the  penalty  of  fifty  thousand  dollars,  with  such 
security  thereto  as  may  be  approved  by  the  Hall,  conditioned  that  he 
will,  well  and  truly  account  for  and  pay  over  to  the  Chamberlain,  on 
or  before  the  first  day  of  January  in  each   year,   for  the  use  of  the 
City  of  Richmond,  all  taxes,  assessments  and  impositions  in  his  hands 
placed  for  collection,  after  deducting  therefrom  a  commission  of  four 
and  a  half-  per  cent,  on  all  sums  paid  in  on,  or  before  the  first  day  of 
December  in  each  year,  and  of  three  per  cent,  on  all  money  he  shall 
collect  and  pay  in  thereafter.   The  said  Collector  shall  have  authority 
to  appoint  a  Deputy,  who  shall  be  approved  by  the  Hall,  and  be  paid 
for  his  services  by  the  Principal;  and  the  said  Deputy  shall  have  the 
.same  power  and  authority  to  collect  and  distrain  for  the  City  Taxes, 
Levies  and  Assessments,  as  his  Principal  has  and  possesses:  Provi- 
ded however,  That  nothing  herein  contained,  shall  be  so   construed, 
as  to  subject  the  City  to  any  loss,  liability  or  injury,  arising  from  the 
malfeasance  or  nonfeasance  in  Office  of  the  said  Deputy  Collector;  but 
for  all  his  official  acts,  omissions  and  defaults;  his  Principal  shall  be 
alone  responsible. 

12.  And  be  it  further  Ordained  by  the  authority  aforesaid. 
That  it  shall  be  the  duty  of  the  said  Collector,  to  proceed  to  collect 
all  Taxes  and  Levies  imposed  by  any  Ordinance  of  the  City  of  Rich- 
mond on  Lots,  Slaves,  or  other  Property  or  Persons,  agreeably,  to  the 
lists  taken  and  returned  by  the  Assessor  aforesaid;  commencing  on 
the  first  day  of  August  in  each  year,  and  such  taxes  may  be  distrain- 
ed for  on  and  after  the  first  day  of  September  in  each  year. 

13.  And  be  it  further  Ordained,  That  if  payment  be  not  madf. 
by  any  person,  chargeable  with  any  tax  or  levy  on  demand,  the  .said 
Collector  shall  have  power  to  distrain  the  personal  properly  which 


Ordinances  of  the  City.  75 

may  be  found  of  such  delinquent,  and  the  same  to  sell,  at  the  City 
Hall,  after  giving  ten  days  notice  of  the  time  of  such  sale,  posted  up 
at  the  front  door  of  the  said  Hall,  and  from  the  proceeds  of  such  sale, 
shall  pay  and  satisfy  the  amount  of  the  tax  or  levy  due  to  the  City,  and 
the  residue,  if  any,  shall  pay  over  to  such  delinquent,  his  executors  or 
administrators;  but  the  said  Collector  shall  sell  no  other  or  greater  in* 
terest  in  such  property  than  the  person  charged  with  such  tax  hath 
therein.  And  in  the  collection  of  the  taxes  due  upon  Lots  or  parts  of 
Lots,  the  property  of  the  tenant  on  the  same,  shall  be  liable  for  the 
tax  of  the  Lot  on  which  the  same  may  be  found,  in  the  same  manner, 
and  to  the  same  extent,  as  if  owned  by  the  proprietor  of  such  Lot  or 
part  of  a  Lot. 

14.  And  be,  it  further  Ordained,  That  the  Collector  shall  not  be 
allowed  to  return  any  list  of  insolvents  or  absentees,  or  have  any  credit 
therefor,  but  upon  oath,  nor  shall  such  return  be  admitted,  unless  cer- 
tified by  the  Court  of  Hustings,  within  six  months  after  the  same  is 
made  payable  by  him  to  the  Chamberlain,  in  the  same  manner  as  the 
lists  of  insolvents  of  Sheriffs  are  certified  to  the  Auditor  of  Public 
Accounts;  subject,  however,   to  such  corrections  as  the  Hall  may 
make  in  the  same. 

15.  All  Ordinances,  and  parts  of  Ordinances  coming  within  the  pur- 
view of  this  Ordinance,  shall  be,  and  the  same  are  hereby  repealed. 

1 6.  This  Ordinance  shall  commence  and  be  in  force  from  and  after  the 
passing  thereof. 


CHAP.  XII. 

An  Ordinance,  for  regulating  the  Appointment  and  Duties  of 
the  Surveyor  of  the  City  of  Richmond. 

[Passed  February  20,  1828.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
Me  City  of  Richmond  in  Common  Hall  assembled^  and  it  is  here- 
by Ordained  by  the  authority  of  the  same,  That  so  soon  as 
shall  be  practicable  after  every  annual  election  of  the  Common  Coun- 
cil of  the  said  City,  the  Common  H*ll  shall  elect  by  ballot,  jt  fit  and 
10 


74  Ordinances  of  the  City. 

proper  person  to  act  as  Mathematical  Surveyor  for  said  City,  whfc 
shall  continue  to  perform  the  duties  thereof  until  a  new  election  shall 
take  place:  and  shall,  before  entering  on  the  duties  of  his  Office,  take 
the  following  oath  or  affirmation  before  the  Court  of  Hustings  of  this 
City.  "I  do  solemnly  swear,  (or  affirm  as  the  case  may  be) 

that  I  will  well,  truly  and  impartially,  to  the  best  of  my  skill  and 
judgment,  execute  the  duties  of  Surveyor  for  the  City  of  Richmond, 
so  long  as  I  continue  in  Office.  So  help  me  God."  In  case  a  vacancy 
in  said  Office  shall  occur,  by  death,  resignation,  or  .by  removal  from 
Office,  which  removal  may  be  effected  by  a  vote  of  two-thirds  of  the 
Members  present,  a  successor  shall  be  appointed  by  the  Common 
Hall,  to  continue  in  Office  until  the  next  annual  election. 

2.  It  shall  be  the  duty  of  the  said  Surveyor,  under  the  direction  of 
the  Commissioners  of  Streets  of  said  City,  to  make  such  Surveys  from 
time  to  time,  as  the  said  Commissioners  may  require:  for  which  ser- 
vices, he  shall  be  entitled  to  receive  compensation  at  the  rate  of  two 
dollars  per  hour  for  the  first  two  hours  he  shall  be  so  engaged,  and  one 
dollar  for  each  hour  that  he  shall  afterwards  be  employed  on  the  same 
day;  which  sum  shall  include  a  compensation  for  the  services  of  his 
Chain  Carriers  and  their  Assistants. 

3.  If  at  any  time  hereafter,  any  person  shall  encroach  on  any  Street, 
Lane  or  Alley,  by  building  on,  or  inclosing  any  part  of  the  same, 
^and  a  Survey  shall  be  required  by  the  Commissioners  of  Streets  to 
determine  such  matter  in  controversy,  and  it  shall  be  found  by  Sur- 
vey made,  that  an  encroachment  has  been  committed,  the  person  so 
encroaching  shall  be  liable  to  the  Surveyor  for  his  fees,  as  in  the 
second  section  prescribed.   And  the  said  Surveyor  shall,  for  all  ser- 
vices rendered  at  the  request  of  the  owners  of  property,  be  authorised 
to  charge  the  before  mentioned  fees  and  no  more. 

4.  It  shall  not  be  lawful  for  any  other  Surveyor  to  make  Surveys 
for  compensation,  within  the  limits  of  said  City,  without  the  consent 
of  the  Common  Hall,  or  of  a  majority  of  the  Commissioners  of  Streets 
of  said  City,  previously  obtained  in  writing.  And  any  person  so  offend- 
ing, shall  for  each  and  every  such  offence,  forfeit  and  pay  the  sum  of 
five  dollars  to  be  recovered  by  the  City  Surveyor  to  his  own  use,  by 
Warrant,  before  the  Mayor,    Recorder,  or  any  Alderman  of  said 
Citv 


Ordinances  of  tht  (?%.  7$ 

5.  AH  Ordinances,  or  parts  of  Ordinances,  coming  within  the  pui 
view  of  this  Ordinance  shall  be,  and  the  same  are  hereby  repealed. 

6.  This  Ordinance  shall  commenpe  and  he  in  force,  from  and 
the  passing  thereof. 


CHAP.  XIII. 

iln  Ordinance,  concerning  Theatres,  and  Public  Shoivs  and 
Exhibitions  within  the  City  of  Richmond. 

[Passed  February  26,  1828.] 

WHEREAS  experience  has  evinced  the  great  danger,  which  re- 
sults from  the  insecurity  of  buildings  in  which  Theatrical  and  other 
Exhibitions  are  made  in  populous  Cities;  and  it  is  the  duty  of  a  good 
Police,  to  guard  as  far  as  practicable  against  disasters  arising  from  such 
a  cause, 

1.  Be  it  therefore  Ordained  by  the  President  and  Common  Coun- 
cil of  the  City  of  Richmond,  in  Common  Hall  assembled,  and  it  is 
hereby  Ordained  by  the  authority  of  the  same,  That  from  and  after 
the  passage  of  this  Ordinance,  no  person  or  persons  shall  within  the 
limits  of  the  City  of  Richmond,  for  his  or  her  gain,  act,  exhibit,  or 
perform  any  Play,  Farce,  Interlude,  Show,  Opera,  or  other  Theatrical 
or  Dramatical  Performance  or  Entertainment,  or  shall  make  any  other 
Public  Exhibition,  without  a  license  for  that  purpose  first  obtained  in 
writing,  in  the  manner  hereinafter  provided. 

2.  And  be  it  further  Ordained^    That  any  person  or  persons, 
wishing  to  obtain  a  license. for  any  Exhibition  provided  for  in  the  first 
section  of  this  Ordinance,  shall  apply  to  the  Mayor  of  the  City,  and 
shall  inform  him  of  the  kind  of  Exhibition  for  which  a  license  is 
wished,  and  shall  designate  the  house  or  room  in  which  it  is  intended 
such  Exhibition  shall  be  made.    Whereupon,  it  shall  be  the  duty  of 
the  Mayor,  to  issue  a  Warrant  under  his  hand  and  seal,  directed  to 
three  respectable  and  discreet  freeholders  of  said  City,  authorising  and 
requiring   them,    attended    by   any    Officer   of  Police,   whose  duty 
it  shall  be  to  accompany  them,   to  proceed  to  examine  the  room 
or  house   in  which  it  is  intended  to  make  such  Exhibition:    And 


76  Ordinances  of  the  City. 

the  said  freeholders  or  a  majority  of  them,  shall  state  and  report  to 
the  said  Mayor  in  writing  under  their  hands  and  seals,  a  description 
of  said  room  or  house  in  which  it  is  intended  .to  Exhibit  as  aforesaid, 
particularly  stating  whether  it  be  of  sufficient  strength  and  stability 
for  safety,  and  also  whether  it  be  of  such  materials  and  have  such  a 
number  of  doors  and  other  openings,  properly  arranged  and  construct- 
ed, as  in  case  of  fire  to  afford  facilities  for  escape.  If  upon  the  said  re- 
port the  Mayor  shall  think  it  safe  and  proper,  that  a  license  should  be 
granted,  he  shall  grant  the  same  to  the  person  or  persons  so  applying, 
upon  his  or  their  paying  to  the  Chamberlain  the  following  rates,  viz: 
for  Theatrical  Exhibitions  by  any  Company  of  Comedians  or  Trage- 
dians, ten  dollars  per  week,  or  one  hundred  and  fifty  dollars  for 
twelve  months.  For  a  Circus  and  Feats  of  Horsemanship,  combined 
with  Theatrical  Exhibitions,  ten  dollars  for  each  day's  or  night's  per- 
formance. For  a  Circus  or  Feats  of  Horsemanship  without  Theatrical 
Exhibitions,  ten  dollars  for  each  day's  or  night's  performance.  For 
Rope  or  Wire  dancing,  or  Puppet  Shows,  thirty  dollars  for  each 
week.  For  Musical  parties  for  gain,  five  dollars  for  each  day's  or 
night's  performance.  For  all  other  Public  Exhibitions  for  gain,  five  dol- 
lars per  week.  Each  and  every  person  or  persons  intending  to  make  such 
Exhibitions  as  aforesaid,  shall  first  pay  into  the  hands  of  the  Chamber- 
lain for  the  use  of  the  City,  the  amount  of  the  license  tax  as  aforesaid: 
Provided  however,  That  the  Mayor  may  in  his  discretion,  grant  any 
such  license  or  permission  free  of  tax,  for  any  religious  or  charitable 
purpose. 

3.  And  be  it  further  Ordained j  That  upon  the  Mayor's  being 
satisfied  of  the  strength  and  security  of  the  said  house  or  room  as 
aforesaid,  he  shall  transmit  the  report  of  the  said  freeholders  to  the 
said  Chamberlain,  to  be  by  him  carefully  filed  away  and  preserved,  and 
shall  direct  the  said  Chamberlain  to  issue  a  license  to  the  person  or 
persons  applying  as  aforesaid,  specifying  the  kind  of  Exhibitions  to 
which  said  license  shall  extend,  and  the  time  for  which  it  shall  con- 
tinue, which  shall  not,  except  in  the  case  of  Comedians  and  Tragedians 
as  aforesaid,  exceed  three  months;  and  in  relation  to  them,  shall  not 
exceed  one  year,  nor  be  less  than  one  week.  And  upon  the  production 
of  the  said  report  of  the  freeholders  and  order  from  the  Mayor,  and 
upon  the  amount  of  the  license  tax  being  paid  into  the  hands  of  the 
Chamberlain  for  the  use  of  the  City  as  aforesaid,  it  shall  be  the  duty 
of  the  said  Chamberlain,  to  issue  a  license  to  said  applicant  or  appli- 
cants under  hie  hand,  permitting  him,  her,  or  them,  to  make  the  Ex- 


Ordinances  of  the  City.  77 

hibitions  stated  in  the  said  order  of  the  Mayor,  describing  the  kind 
of  Exhibitions  in  the  said  license,  and  specifying  in  the  said  license 
the  particular  room  or  house  in  which  the  said  Exhibitions  are  to  be 
made;  for  which  license  it  shall  be  lawful  for  the  said  Chamberlain,  to 
demand  and  receive  of  the  applicant  or  applicants,  one  dollar  for 
his  trouble;  and  it  shall  be  his  duty  to  retain  a  copy  of  the  said 
license  so  granted,  to  be  filed  away  with  the  report  of  the  freeholders 
and  the  order  of  the  Mayor  aforesaid. 

4.  find  be  it  further  Ordained,  That  it  shall  not  be  allowed  to. 
any  person  or  persons  licensed  to  make  any  Theatrical  or  other  Pub- 
lic Exhibition  as  aforesaid,  to  cause  or  permit  any  alteration  to  be  made 
-in  the  room  or  house  in  which  the  said  Exhibitions  are  licensed,  after 
the  date  of  such  license,  or  after  the  view  and  report  of  the  said  free- 
holders on  which  the  license  is  founded;  or  to  exhibit  in  any  such 
room  or  house  after  any  such  alteration  is  made,  unless  the  same  be 
sanctioned  by  a  written  permission  of  the  Mayor,  founded  on  a  report 
of  freeholders  made  as  aforesaid:  but  that  any  person  or  persons  so 
exhibiting  after  such  alteration,  without  permission  as  aforesaid,  shall 
be  deemed,  and  taken  to  be  an  exhibitor  or  exhibitors  without  a 
license. 

5.  Jlnd  be  it  further  Ordained,  That  no  person  or  persons  ob- 
taining a  license  to  make  Theatrical  or  other  Public  Exhibitions  as 
aforesaid,   shall"  permit  any  other  or  distinct  persons,  to  make  any 
Theatrical  or  other  Pdblic  Exhibitions,  in  the  room  or  house  in  which 
he  or  they  are  licensed  to  make  Exhibitions:  but  that  such  other  or 
distinct  person  or  persons  shall,  if  exhibiting  in  such  room  or  house 
without  a  license  to  him  or  them  granted,  be  considered  as  an  exhibi- 
tor or  exhibitors  without  license,  and  shall  come  within  the  penalties 
of  this  Ordinance. 

• 

6.  Jlnd  be  it  further  Ordained^  That  if  any  person  or  persons 
shall,  within  the  limits  of  the  said  City  for  his  or  her  gain,  act,  exhibit, 
or  perform,  or  "aid  or  assist  in  acting,  exhibiting  or  performing,  either 
as  actor,  player,  musician,  door-keeper,  or  other  assistant,  or  in  any  . 
other  character,  any  Play,  Farce,  Interlude,  Show,  Opera,  or  other 
Theatrical  or  Dramatical  performance  or  entertainment,  or  shall  make, 
or  aid,  or  in  any  manner  assist  in  making  any  other  Public  Exhibi- 
tion, without  a  license  for  that  purpose  first  had  and  obtained,  in  the 
manner  herein  before  provided  for;  each  and  every  person  so  offend- 


78  Ordinances  of  the  City. 

ing  shall  forfeit  and  pay  six  dollars  and  sixty-six  cents  for  each  half- 
hour  that  any  performance  or  exhibition  shall  actually  continue,  to  be 
recovered  with  costs  for  the  benefit  of  the  Corporation. 

7.  J%nd  be  it  further  Ordained,  That  in  case  of  a  vacancy  in  the 
Office  of  Mayor,  or  of  his  absence  from  the  City,  or  inability  to  act; 
the  Recorder,  and  in  case  of  a  vacancy  in  the  Office  of  Recorder,  or 
of  his  absence  from   the  City,  or  inability  to  act;  the  Senior  Alder- 
man, shall  be  and  he  is  hereby  authorised,  to  execute  and  perform  the 
duties  devolved  on  the  Mayor  by  this  Ordinance:  Provided  never- 
theless, That  nothing  in  this  Ordinance  contained,  shall  be  construed 
so  as  to  render  it  necessary  for  Messrs.  Warrel  and  Lorton  to  procure 
a  license  for  their  Museum. 

8.  All  Ordinances  and  parts  of  Ordinances  coming  within  the  pur- 
view of  this  Ordinance,  shall  be  and  the  same  are  hereby  repealed. 

9.  This  Ordinance  shall  commence  and  be  in  force,  from  and  after 
the  passing  thereof. 


CHAP.  XIV. 

An  Ordinance ,  reducing  into  one  the  several  Ordinances,  re- 
gulating the  Appointment,  Duties  and  Salary  of  the  Cham- 
berlain for  the  City  of  Richmond.  Treasurer  and  Secretary 
of  the  Sinking  Fund,  and  Clerk  of  the  Common  Hall. 

[Passed  May  16,  1828.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond,  in  Common  Hall  assembled,  and  it  is 
hereby  Ordained  by  the  authority  of  the,  same.  That  so  soon  as  shall 
be  practicable  after  every  annual  election  of  the  Common  Council  of  the 
Said  City,  the  Common  Hall  shall  elect  by  ballot  a  fit  and  proper  per- 
son, to  act  as  Chamberlain  of  this  City,  Treasurer  and  Secretary  of  the 
Sinking  Fund  and  Clerk  of  the  Common  Hall;  who  shall  continue  to 
perform  the  duties  thereof,  until  a  new  election  shall  take  place.  In 
case  a  vacancy  in  said  office  shall  occur,  by  death,  resignation  or  by 
removal  from  office,  which  removal  may  be  effected  by  a  vote  of  two 
thirds  of  the  members  present,  a  successor  shall  be  appointed  by  the 
Common  Hall  to  continue  in  office  until  the  next  annual  election. 


Ordinances  of  the  City.  79 

2.  And  be  it  further  Ordained,  That  it  shall  be  the  duty  of  said 
officer,  as  the  Chamberlain  of  the  City,  to  receive  all  monies  which 
may  at  the  time  of  his  appointment  be  due  from  any  accountable  offi- 
cers, and  which  may  at  any  time' thereafter  become  due  to  the  Corpo- 
ration, from  taxes,  fines,  forfeitures  or  otherwise;  to  call  all  debtors 
to  account  agreeable  to  law,  or.  as  the  exigency  or  propriety  of  the  case 
may  require;  to  examine  all  accounts  against  the  Corporation,  and  re- 
port to  the  Common  Hall  all  balances  due  to  or  from  the  Corporation; 
to  disburse  such  sums  as  may  be  authorised  by  the  Common  Hall  un- 
der the  signature  of  their  President;. to  open. the  necessary  books  for 
the  regulation  and  proper  entry  of  all  accounts  of  the  Corporation;  to 
keep  a  Register  or  account  of  all  the  property  of  the  Corporation,  and 
have  his  books  at  all  times  ready  for  the  inspection  or  examination  of 
a  Committee,  or  any  member  of  the  Common  Hall;  furnish  half  yearly 
(the  first 'of  March  and  first  of  September,)  an  abstract  of  the  state  of 
said  books;  and  to  account  for  and  pay  over  all  money  which  may 
come  to  or  re'main  in  his  hands,  to  such  person  or  persons  as  the  Hall 
may  at  any  time  require. 

3.  Jlnd  be  it  further  Ordained,  That  it  shall  be  the  duty  of  said 
officer,  as  Treasurer  and  Secretary  of  the  Sinking  Fund,  to  keep 
such  accounts  respecting  the  Sinking  *Fund  as  the  Commissioners 
thereof  may  direct,  and  to  have  the  same  at  all  times  ready,  for  the 
inspection   or   examination  of-  a  Committee  or  any  member  of  the 
Common  Hall. 

4.  *2nd  be  It  further  Ordained,  That  it  shall  be  the  duty  of  said 
officer,  as  Clerk  of  the  Common  Hall,  t6  make  true  and  correct  en- 
tries of  the  Proceedings  of  the  Hall;  to  file  and  preserve  all  books  and 
papers,  which  shall  be  delivered  to  him  in  charge,  or  come  to  his 
hands  by  virtue  of  his  office;  to  account  for  all  monies  which  shall  be 
received  by  him  as  Clerk  of  the  Common  Hall,  for  the  use  and  bene- 
fit of  the  Corporation  of  the  City  of  Richmond;  to  attend  in  person, 
or  by  a   Deputy  to   be  approved    by  the   Common  Hall,  at  every 
monthly  or  called  meeting  thereof;  to  record  in  a  fair  hand  in  a  book 
to  be  kept  for  that  purpose,  all  the  Bye-laws  and  Ordinances  of  the 
Common  Hall,  and  to  keep  the  same  and  all  other  proceedings  of  the 
Common  Hall,  at  all  times  open  to  the  inspection  of  any  Member  of 
the  Hall;  to  make  copies  of,  or  extracts  from,  all  or  any  of  the. Ordin- 
ances or  other  proceedings  of  the  Common  Hall,  when  and  as  often 
TS  be,  mpy  be  required  so  to  do,  by  the  Hall,  the  President,  or  any 


8O  Ordinances  of  the  City. 

Chairman  of  a  Committee  thereof ;  to  furnish  the  Chairman  of 
Committee  regularly,  with  a  copy  of  the  resolution  and  order  consti- 
tuting such  Committee,  and  specifying  therein  its  powers  and  duties; 
and  finally,  to  annex  to  the  Ordinances  and  other  proceedings  of  the 
Hall,  an  Index  referring  to  the  different  matters  contained  therein. 

5.  Jind  be  it  further  Ordained,  That  the  Officer  who  may  be  ap- 
pointed to  perform  the  duties  hereinbefore  specified,  shall  in  the  pre- 
sence of  the  Hall,  take  the  oath  of  fidelity  to  the  Commonwealth,  and 
an  oath  that  he  will  execute  diligently  and  faithfully,  without  favor  or 
affection,  the  duties  of  his  Office  as  Chamberlain  of  the  City  of  Rich- 
mond, as  Treasurer  and  Secretary  of  the  Sinking  Fund  thereof,  and  as 
Clerk  of  the  Common  Hall  of  said  City;  which  oaths  shall  be  adminis- 
tered by  the  Presiding  Member  of  the  Hall:  Provided  always,  That 
(unless  time  be  allowed  by  the  Hall  for  that  purpose)  no  person  shall 
act  under  this  Ordinance,  until  he  shall  have  given  bond  with  at  least 
two  securities,  in  the  penalty  of  sixteen  thousand  dollars,  to  be  approv- 
ed by  the  Hall,  and  to  which  there  shall  be  annexed  the  following 
condition:    "The  Condition  of  the  above  Obligation  is  such,  That 
whereas,  the  above  bound  hath  been  by  the  Com- 
mon Hall  of  the  City  of  Richmond  elected  on  the     •    day  of 

one  thousand  eight  hundred  and  ,  Chamberlain  of  the  said 

City,  Treasurer  and  Secretary  of  the  Sinking  Fund,  and  Clerk  of  the 
Common  Hall,  in  pursuance  of  the  provisions  of  the  Ordinance  passed 
on  the  day  of  ,  one  thousand  eight  hundred  and  twenty- 

,  entitled  *An  Ordinance,  reducing  into  one  the  several  Ordi- 
nances, regulating  the  Appointment,  Duties  and  Salary,  of  the  Cham- 
berlain for  the  City  of  Richmond,  Treasurer  and  Secretary  of  the 
Sinking  Fund,  and  Clerk  of  the  Common  Hall.'  Now  therefore,  if 
the  above  bound  ,  shall  duly  and  faithfully  per- 

form all  the  duties  prescribed  by  the  said  Ordinance,  and  shall  well 
and  truly  account  for  and  pay  over  all  money  which  may  come  to,  or 
remain  in  his  hands,  to  such  person  or  persons  as  the  Hall  may  at  any- 
time require,  then  the  above  Obligation  to  be  void  ;  otherwise,  to 
remain  in  full  force  and  virtue." 

6.  rfnd  be  it  further  Ordained,  That  the  said  Officer  shall  be  al- 
lowed for  performing  all  his  duties,  as  the  Chamberlain  of  the  City  of 
Richmond,  Treasurer  and  Secretary  of  the  Sinking  Fund  thereof,  and 
Clerk  of  the  Common  Hall,  the  sum  of  eighteen  hundred  dollars  pay- 
able qua.  ter  yearly. 


Ordinances  of  the  €ity.  81 

7.  All  Ordinances  or  parts  of  Ordinances  coming  within  the  pur-1 
view  of  this  Ordinance,  shall  be  and  the  same  are  hereby  repealed. 

S.   This  Ordinance  shall  commence  and  be  in  force  from  and  after 
tJhe  passing  thereof. 


CHAP.   XV. 

An  Ordinance,  to  Regulate  the  Appointment  and  Duties  of 
Auctioneers  within  the  City  of  Richmond. 

[Passed  June  27,  1828.] 

\.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  .of  Richmond,  in  Common  Hall  assembled,  and  it  is 
hereby  Ordained  by  the  authority  of  the  same.  That  any  person  or 
persons,  wishing  to  pursue  the  business  of  an  Auctioneer  within  this 
City,  under  a  general  License,  for  the  sale  of  all  and  every  article  of 
Merchandize,  or  any  other  Property  Real  or  Personal,  whether  the 
•=.jid  Merchandize  -or  other  Property  Real  or  Personal  be  of  his  or  their 
own  Property,  or  whether  said  Merchandize,  or  other  Property  Real 
or  Personal  be  confided  to  his  or  their  care:  or  under  a  Special  Li- 
cense, merely  for  the  sale  of  Real  Estate  and  Slaves,  whether  said 
Real  Estate  or  Slaves  be  of  his  or  their  own  Property,  or  whether 
.said  Real  Estate  or  Slaves  be  confided  to  his  or  their  care:  or  under  a 
Special  License,  only  for  the  sale  of  Bank  Stock,  City  Stock,  or  any 
other  Public  Stock  duly  created  under  a  Law  of  the  United  States,  or 
of  any  individual  State  thereof,  whether  said  Stock  be  of  his  or  their 
own  Property,  or  whether  said  Stock  be  confided  to  his  or  their  care; 
shall,  before  commencing  the  same,  make  known  his  or  their  wish  to 
the  Common  Hall,  who,  if  they  shall  be  satisfied  with  his  or  their  cha- 
racter, shall  direct  their  Clerk  to  grant  him  or  them  a  License,  agree- 
ably to  the  extent  of  his  or  their  wish,  designated  in  his  or  their  ap- 
plication to  the  Common  Hall  aforesaid,  which  License  shall  be  grant- 
ed under  the  terms  and  conditions,  hereinafter  contained,  and  shall 
continue  in  force  for  and  during  the  time  of  one  year  from  the  date 
thereof,  and  until  the  next  Regular  Session  of  the  Common  Council 
in  Common  Hall  assembled,  unless  sooner  revoke i  for  good  cause/ 

11 


82  Ordinances  of  the  City. 

2.  And  be  it  further  Ordained^  That  all  and  every  person  or  per« 
sons  applying  for  a  General  License,  to  sell  at  Public  Auction,  articles 
of  Merchandize  or  any  other  Property,  Real  or  Personal,  whether 
said  Merchandize  or  other  Property,  Real  or  Personal,  be  of  his  or 
their  own  Property,  or  whether  said  Merchandize  or  other  Property, 
Real  or  Personal,  be  confided  to  his  or  their  care,  shall,  before  receiv- 
ing such  License,  pay  unto  the  Chamberlain  of  the  City  of  Richmond, 
two  hundred  dollars  for  the  use  of  the  Corporation  of  said  City,  and 
•shall  also  enter  into  bond  with  not  less  than  two  sureties,  to  be  ap- 
proved by  the  Common  Hall,  in  the  sum  of  five  thousand  dollars,  con- 
ditioned well  and  truly  to  pay  to  the  said  Chamberlain  for  the  use  of 
the  Corporation  of  said  City,  fifty  cents  in  the  one  hundred  dollars  on  all 
sales  of  Real  Estate;  and  one  dollar  in  the  one  hundred  dollars  of  the 
amount  of  all  other  sales  to  be  by  him  or  them  made  at  Public  Auc- 
tion, to  be  accounted  for  in  every  half  year  in  the  manner  following, 
that  is  to  say:  that  each  and  every  of  the  said  Auctioneers,  shall  once 
in  every  half  year,  render  an  account  on  oath  or  affirmation  (which 
may  be  administered  by  the  Mayor  or  Recorder  or  any  of  the  Alder- 
men of  said  City)  to  said  Chamberlain,  of  all  the  property  or  effects 
by  him  or  them  sold  at  Public  Auction  at  any  time  before  the  said 
time  of  rendering  the  same  account,  and  since  his  or  their  last  settle- 
ment, and  shall  then,  immediately  pay  to  the  said  Chamberlain  the 
full  amount  of  fifty  cents  in  the  one  hundred  dollars  on  all  sales  of 
Real  Estate^  and  one  dollar  in  the  one  hundred  dollars,  of  the  amount 
of  the  account  of  all  other  sales  so  rendered.   For  the  services  herein 
to  be  performed  by  the  Clerk,  he  may  demand  and  receive  one  dollar 
from  such  person  or  persons  as  may  obtain  such  License. 

3.  JLnd  be  it  further  Ordained,  That  all  and  every  person  or  per- 
sons applying  for  a  Special  License  to  sell  at  Public  Auction  Real  Es- 
tate and  Slaves  only,  whether  said  Real  Estate  or  Slaves  be  of  his  or 
their  property,  or  whether  said  Real  Estate  or  Slaves  be  confided 
to  his  or  their  care,  shall,  before  receiving  the  same,  pay  to  the  said 
Chamberlain  one  hundred  dollars  for  the  use  of  the  said  Corporation, 
and  shall,  also,  enter  into  bond  with  not  less  than  two  sureties,  to  be 
approved  by  the  Common  Hall,  in  the  sum  of  three  thousand  dollars, 
conditioned  well  and  truly  to  pay  to  the  said  Chamberlain,  for  the 
use  of  said  Corporation,  one  dollar  in  the  one  hundred  dollars  of  the 
amount  of  all  sales  of  Slaves  to  be  by  him  or  them  made  at  Public 
Auction,  and  fifty  cents  in  the  one  hundred  dollars  of  the  amount  of 
;;«U  Real  .Estate,  to  be  accounted  for  and  pnid  in  every  half 'yr»ar,  in  the 


Ordinances  of  the  City.  83 

manner  and  under  the  sanction  aforesaid.  For  which  services,  the  said 
Clerk  may  demand  and  receive  one  dollar  from  each  and  every  person, 
or  persons  obtaining  such  License. 

4.  And  be  it  further  Ordained,  That  all  and  every  person  or  per- 
sons applying  for  a  Special  License  to  sell  at  Public  Auction,  Bank 
Stock,  City  Stock,  or  any  other  Public  Stock,  duly  created  under  the 
Laws  of  the  United  States  or  any  individual  State  thereof,  whether 
said  Stock  be  of  his  or  their  own  property,  or  be  confided  to  his  or 
their  care,  shall,  before  receiving  such  License,  pay  to  the  said  Cham- 
berlain fifty  dollars,  for  the  use  of  said  Corporation,  and  also,  shall 
enter  into  bond  with  not  less  than  two  sureties  to  be  approved  by  the 
Common  Hall,  in  the  sum  of  five  hundred  dollars,  conditioned  well 
and  truly  to  pay  to  the  said  Chamberlain  for  the  use  of  said  Corpo- 
ration twenty-five  cents  in  the  one  hundred  dollars  of  the  amount 
of  all  sales  of  Stock  aforesaid,  to  be'  by  him  or  them  made  at  Public 
Auction,  to  be  accounted  for  and  paid  semi-annually,  in  the  manner 
and  under  the  sanction  aforesaid.     For  which  service  the  said  Clerk 
may  demand. and  receive  one  dollar  from  each  and  every  person  or 
persons  obtaining  such  License. 

5.  And  be  it  further  Ordained,  That  if  any  person  or  persons  shall 
sell  or  attempt  to  sell  any  Property,  Real  or  Personal,  within  said  City, 
by  Public  Auction,  whether  said  Property  belong  to  said  person  or 
persons,  or  to  others,  without  having  obtained  a  License  as  herein  be- 
fore is  directed,  every  person  or  persons  so  offending  shall  forfeit  and 
pay  as  a  penalty  therefor  to  the  use  of  the  said  Corporation  six  dollars 
and  sixty-six  cents  for  every  article  so  by  him  or  them  sold,  to  be 
recovered  in  the  same  manner  as  other  debts  under  twenty  dollars  are 
by  law  authorised  to  be  recovered. 

5.  And  be  it  further  Ordained,  That  no  Auctioneer  shall  be  per- 
mitted to  use  any  bell  or  herald  to  notify  to  the  public  the  time  or 
place  of  any  sale,  except  when  Real  Property  shall  be  the  subject  of 
sale.  Any  person  or  persons  herein  offending,  shall  forfeit  and  pay  for 
the  use  of  said  Corporation  the  sum  of  six  dollars  and  sixty-six  cents 
to  be  recovered  in  the  same  manner,  as  other  debts  under  twenty  dol- 
lars are  by  law  authorised  to  be  recovered. 

7.  Provided  always,  and  it  is  hereby  further  Ordained,  That 
nothing  in  this  Ordinance  contained  shall  extend,  or  be  construed  to 
extend,  to  subject  any  Auctioneer  to  pay  any  Tax  or  Imposition 


84  Ordinances  of  the  City. 

any  private  sale  made  by  him,  nor  to  the  Merchant  Tax  which  may  be 
levied  in  said  City  ;  nor  to  hinder  any  Sheriff,  Sergeant,  Marshal, 
Commissioner  of  any  Court,  Constable  or  other  Officer,  to  sell  and 
dispose  of  by  way  of  Public  Auction  any  Lands,  Goods,  Chattels  or 
effects,  taken  in  execution,  attached,  or  decreed  to  be  sold  by  any 
Court  within  this  Commonwealth,  or  by  virtue  of  a  Distress  Warrant 
for  Rent  in  arrear,  and  liable  to  be  sold  by  Order  of  Law;  or  to  pro- 
hibit any  lawful  Executor  or  Executors,  Administrator  or  Adminis- 
trators, or  Curator  or  Curators  from  exposing  to  sale  by  way  of  Pub- 
lic Auction  any  Landsr  Goods,  Chattels  or  effects,  which  were  of  their 
respective  Testator  or  Intestate;  or  to  prohibit  any  Trustee  or  Trus- 
tees from  exposing  to  sale  by  way  of  Public  Auction  any  property 
conveyed  to  him  or  them,  to  secure  the  Creditor  or  Creditors  of  the 
Conveyor  or  Conveyors,  but  that  all  and  every  such  person  or  per- 
sons may  do  therein  as  they  might  have  done  before  the  operation  of 
this  Ordinance. 

8.  All  and  every  Ordinance  and  Ordinances,  part  and  parts  of  Ordi- 
nances coming  within  the  purview  of  this  Ordinance,  shall  be  and  the 
same  are  hereby  repealed:  Provided,  That  nothing  herein  contained, 
shall  extend,  or  be  construed  to  extend  to,  or  abridge  any  right,  or 
remedy,  which  has  or  may  have  accrued  before  the  commencement  of 
this  Ordinance, 


CHAP.  XVI. 

Ordinance,  concerning  the  City  Hall  of  the  City  of  Rich- 
mond, and  providing  for  the  improvement,  repair  and  pre- 
servation thereof. 

[Passed  December  8,  1828.] 

* 

1.  BE  it  Ordained,  by  the  President  and  Common  Council  of 
the  City  of  Richmond  in  Common  Hall  assembled,  and  it  is  hereby 
Ordained  by  the  authority  of  the  same,  That  the  New  Building 
near  the  Capitol  Square  used  as  the  City  Court-House,  shall  hereafter 
he  called  and  known  by  the  name  of  the  City  Hall.  And  any  free 


Ordinances  of  the  City.  85 

person  who  shall  wilfully  deface,  or  cause  any  defacement  of  the  same, 
either  by  cutting  any  part  of  the  timber  thereof  with  knives  or  other 
edged  tools,  or  by  writing  upon  the  walls,  or  by  breaking  the  glass 
of  the  windows,  or  shall  in  like  manner  defile,  deface  or  injure  any 
part  of  said  building,  or  any  of  the  furniture,  or  any  inclosures  there- 
of, shall  for  each  and  every  such  offence  be  liable  to  a  penalty  not  ex- 
ceeding six  dollars,  at  the  discretion  of  the  Magistrate  who  shall  try 
the  offence,  to  be  recovered  by  Warrant  before  any  Justice  of  the 
Peace  for  this  City,  for  the  use  of  the  Corporation.  And  if  such  of- 
'  fender  be  a  Slave  he  or  she  shall  receive  any  number  of  lashes  not 
exceeding  thirty,  at  the  discretion  of  the  Magistrate.. 

2.  find  be,  it  further  Ordained,  That  annually,   at  the  stated 
meeting  of  the  Hall  in  the  month  of  April,  or  as  soon  thereafter  as 
practicable,  there  shall  be  appointed  by  the  President  of  the   Hall  a 
Committee  of  three,  to  be  called  the  Committee  of  the  City  Hall,  whose 
duty  it  shall  be  to  direct  and  have  executed  all   necessary  repairs  or 
improvements  to  the  same;  to  take  care  that  the  Hall  is  preserved  in 
good  order  and  to  draw  on  the  Chamberlain  for  the  expense  of  exe- 
cuting the  same:  Provided,  That  it  does  not  exceed  the  annual  appro- 
priation. 

3.  *flnd  be  it  further  Ordained,  That  annually,  at  the  monthly 
meeting  of  the  Hall  in  April,  or  as  soon  thereafter  as  convenient, 
there  shall  be  appointed  a  Keeper  of  the  City  Hall;  whose  especial  duty 
it  shall  be,  to  keep  the  same  and  all  the  Offices  thereof,  the  Clerk's 
Offices  excepted,  clean  and  neat;  to  procure  fuel  and  make  fires  in  the 
Chamberlain's  and  Mayor's  Offices,  in  the  room  set  apart  for  the  use 
of  the  Common  Hall,  and  in  the  Court  and  Jury  rooms,  and  in  the 
Sergeant's  Office ;  to  report  from  time  to  time,  to  the  Hall  or  the 
Committee  aforesaid,  any  repairs  or  improvements  which  it  may  seem 
to  him  to  be  necessary  to  have  done  to  the  Hall;  and  in  the  name  of 
the  Mayor,  Aldermen  and  Commonalty  of  the  City  of  Richmond,  to 
prosecute  all  who  offend  against  any  of  the  provisions  of  this  Ordi- 
nance.  For  which  services,  the  said  Deeper  shall  receive  annually  the 
sum  of  two  hundred  dollars,   payable  to  him   by  the  Chamberlain 
quarter  yearly. 

4.  And  be  it  further  Ordained,  That  no  person  shall  \be  permitted 
to  sell  or  offer  for  sale,  any  article  of  refreshment  in  the  City  Hall,  or 
•sn  the  l?.»v?   bclo.ngT.nsj  to  the  Corporation   adjoining  thereto,. without 


86  Ordinances  of  the  City. 

having  previously  obtained  the  permission  of  the  Mayor,  or  presiding 
Magistrate  for  the  time  being,  under  the  same  penalties  as  are  declar- 
ed by  the  first  section  of  this  Ordinance. 

5.   This  Ordinance  shall  commence   and    be  in   force,    from   the, 
passage  thereof. 


CHAP.  XVII. 

Ordinance,  to  amend  and  reduce  into  one,  the  several 
Ordinances  concerning  the  Public  Burying  Places  in  the 
City  of  Richmond. 

[Passed  February  20,  1829.] 

WHEREAS,  by  an  arragcment  long  since  entered  into  by  the  Hall 
and  the  Vestry  of  the  Parish  of  Henri co,  all  the  ground  appropriated 
to  the  interment  of  the  dead  which  belonged  to  the  said  Parish  situated 
on  Richmond  Hill,  was  inclosed  by  one  common  wall  with  the  lands 
which  belonged  to  the  Corporation  adjoining  thereto;  and  at  that  time 
it  was  understood,  the  Hall  should  at  all  times  have  power,  to  establish 
such  regulations  as  they  might  think  proper  for  the  government  of  the 
same;  and  should  moreover  incur  and  defray  all  the  necessary  expense 
attending  the  erection  of  Gates  and  Steps,  and  keeping  the  inclosure 
in  good  repair. 

1.  Be  it  therefore  Ordained  by  the  President  and  Common  Coun- 
cil of  the  City  of  Richmond,  in  Common  Hall  assembled,  and  it  is 
hereby  Ordained  by  the  authority  of  the  same,  That  the  Church 
Wardens  of  the  Parish  of  Henrico  for  the  time  being,  shall  have 
authority  to  appoint  a  fit  and  suitable  person  to  act  as  Sexton  or 
Keeper  of  the  said  Burying  Ground;  who  shall  continue  in  Office 
during  the  pleasure  of  said  Wardens,  and  shall  obey  all  instructions 
given  by  them  relating  to  the  mode  of  interment,  and  the  safe  keep- 
ing and  preservation  of  the  grounds.  The  place  of  interment  shall  be 
at  all  times  open,  for  the  reception  and  interment  of  the  dead,  of  all 
white  persons  of  whatever  religious  denomination  residing  within 
the  limits  of  the  City,  except  as  is  hereinafter  excepted.  The  Wrar- 
dens  shall  have  power  to  grant  the  right  of  interment  as  they  may 
think  fit  and  proper,  to  persons  who  ha^e  not  been  residents  of  this 


Ordinances  of  the  City.  87 

City,  and  to  demand  for  each,  five  dollars;  three  dollars  of  which 
shall  be  paid  to  the  Sexton,  and  the  balance  to  the  Chamberlain  for 
the  use  of  the  City.  The  Wardens  may  draw  on  the  Chamberlain  for 
a  sum  not  exceeding  fifty  dollars  per  annum,  for  keeping  in  repair 
the  Walls,  Gates  and  Steps  of  the  Burying  Ground. 

AND  WHEREAS  the  City  of  Richmond,  has  appropriated  four  acres 
of  ground  near  the  Poor-House  on  Shockoe-Hill,  as  a  burying  place, 
and  has  at  much  expense  graduated  and  inclosed  the  same;  and  it  is 
expedient  that  some  general  regulations  should  be  prescribed  for  in- 
terments therein,  as  well  to  promote  the  convenience  of  the  people  of 
the  City,  as  for  the  preservation  of  the  property. 

2.  Be  it  therefore   Ordained  by  the  President  and  Common 
Council  in  Commpn  Hall  assembled,  and  it  is  hereby  Ordained 
by  the  authority  of  the  same,  That  a   Committee   of  five  Mem- 
bers of  the  Common  Hall,    one  of  whom  at   least  shall    be  from 
each   Ward,  shall   be  annually  appointed   by  the   President  there- 
of at  the  regular  meeting  to  be  held  in  the  month  of  April,  or  as 
soon  thereafter  as  practicable,  whose  duty  it  shall  be,  to  visit  from 
time  to  time  and  to  inspect  the  condition  of  the  Burying  Ground.  It 
shall  be  the  duty  of  .the  said  Committee,  to  exercise  a  general  con- 
Iroul  over  the  manner  and  arrangement  of  the  interments  in  the  Bury- 
ing Ground,  which  may  not  be  contrary  to  the  provisions   of  -this 
Ordinance:  to  take  care  that  the  Keeper  of  the  Burying  Ground  here- 
inafter mentioned,  performs  regularly  and  faithfully  his  or  her  duty, 
and  to  report  to  the  Hall  any  neglect  or  improper  conduct  of  that 
Officer. 

3.  Jlnd  be  it  further  Ordained,  That  the  Common  Hall  of  the 
City  of  Richmond,  shall  annually  elect  by  ballot,  a  Keeper  of  the 
Burying  Ground  aforesaid;  who  shall  be  removeable  at  pleasure  by  a 
vote  of  two-thirds  of  the  Members  of  the  Hall  present;  and  who,  before 
he  or  she  enters  on  the  performance  of  his  or  her  duties  as  such,  shall 
enter  into  a  bond  with  security  to  be  approved  by  the  Hall,  in  the 
penalty  of  seven  hundred  dollars,  payable  to  the  Mayor,  Aldermen 
and  Commonalty  of  the  City  of  Richmond  for  the  time  being  and 
their  successors  in  office,  conditioned  that  he  or  she  will  well  and  truly 
account  for  quarter  yearly  and  pay  over  to  the  Chamberlain,  all  money 
which  by  virtue  of  his  or  her  Office  may  come  to  his  or  her  hands, 
and  do  and  p-^r-'or  -id  every  duly    njoined  o*  »    •{'r'ro :]  ^\r  this 


88  Ordinances  of  the  City. 

Ordinance.  It  shall  be  the  duty  of  the  Keeper  of  the  Burying  Ground, 
to  take  care  of  and  keep  in  a  proper  state  and  condition  the  Burying 
Ground  aforesaid;  to  inter  all  dead  bodies  of  free  white  persons,  and 
no  others,  brought  there  for  interment;  to  keep  a  Register  in  such 
form  as  the  Committee  aforesaid  may  require,  of  all  interments  made, 
in  which  shall  be  given  the  name,  age,  and  sex  of  each,  also  the  calling 
or  profession  if  it  can  be  ascertained,  and  the  disease  of  which  each 
may  have  died;  which  Register  shall  be  reported  once  in  every  three 
months,  or  oftener  if  required,  to  the  Common  Hall:  and  to  do  and 
perform  every  other  duty  as  Keeper  aforesaid,  which  the  said  Com- 
mittee may  require;  and  to  account  for  and  pay  over  quarter  yearly, 
all  money  to  the  Chamberlain,  which  may  come  to  his  or  her  .hands 
by  virtue  of  his  or  her  office.  For  the  services  aforesaid,  the  Keeper 
shall  receive  the  following  fees  and  allowances.  There  shall  be  paid 
to  him  or  her  quarter  yearly  out  of  the  City  Fuhds,  fifteen  dollars: 
and  in  addition  thereto,  the  Keeper  shall  and  may  charge  the -following 
fees  and  no  more;  for  digging  a  grave  and  intering  one  over  the  age 
of  eighteen  years,  two  dollars;  for  one  between  the  ages  of  fourteen 
and  eighteen  years,  one  dollar  and  seventy-five  cents;  for  one  between 
the  ages  of  ten  and  fourteen  years,  one  dollar  and  fifty-cents;  for  all 
of  ten  years  and  under,  one  dollar  and  twenty-five  cents.  Every 
grave  sunk  in  the  said  Burying  Ground,  shall  be' at  least  six  feet  deep. 
And  the  said  Sexton  shall  and  may  charge  and  demand  the  like  fees 
for  interments  by  him  made,  and  no  more. 

i 
4.   Be  it  further  Ordained,  by  the  authority  aforesaid,  That  it 

shall  be  lawful  for  any  free  white  person,  who  may  wish  to  acquire 
a  title  to  any  part  of  the  Burying  Ground  on  Shockoe  Hill,  to  obtain 
the  same  on  the  following  conditions  and  stipulations:  Such  person 
jhall  make  with  the  Keeper  of  the  Burying  Ground,  a  location  of  the 
section,  half  or  quarter  section,  which  he  or  she  may  select,  and  pay 
to  him  or  her  the  purchase  money  and  obtain  his  or  her  certificate  of 
the  location  and  of  the  payment  made  therefor,  to  be  presented  to  the 
Chamberlain:  Upon  presenting  such  certificate  of  location  to  the  Cham- 
berlain, the  Chamberlain  shall  issue  and  deliver  to  the  person  making 
the  location  and  payment,  a  certificate  in  the  following  words  and 
figures  to  wit:  This  is  to  certify,  that  is  entitled 

to  Section  No.  ,  or  quarter  Section  No.  ,  and  in 

Section  No.  ,  (as  the  case  may  be,)  in  Range  No.  ,  in 

the  Burying  Ground  on  Shockoe  Hill;  according  to  the  Plan  thereof 
by  Richard  Young,  and  dtpnvl1*"*  i    tk*  Chamberlc 


Ordinances  of  the  City.  89 

Office  for  the  City  of  Richmond.  Given  under  my  hand  as  the 
Chamberlain  of  the  said  City  of  Richmond,  this  day  of  ; 
which  certificate  shall  give  to  the  holder  thereof  a  fee  simple  title  to 
the  Land  therein  described,  for  the  use  of  the  purchaser  as  a  burying 
place  for  himself  or  herself,  or  any  member  of  his  free  white  family,  or 
any  of  his  or  her  descendants  or  friends.  For  each  section,  the  person 
locating  the  same  shall  pay  forty  dollars;  for  each  half  section,  twenty 
dollars;  and  for  each  quarter  section,  ten  dollars:  Provided,  That  not 
more  than  one  hundred  sections  of  the  whole  ground  now  inclosed, 
shall  be  sold  under  this  Ordinance:  -And provided  also,  That  nothing 
in  this  Ordinance  contained,  shall  be  so  construed,  as  to  prevent  the 
Hall  from  regulating  the  interments  in  the  said  Burying  Ground,  as 
may  seem  to  it  proper  from  time  to  time:  Jlnd  provided  also,  That 
no  person  shall  be  authorised  in  his  or  her  own  right,  or  on  his  or  her 
own  account,  to  take  up  more  than  a  section  nor  less  than  a  quarter 
section.  Provided,  however,  If  any  section,  half  section  or  quarter 
section,  shall  remain  without  any  interment  for  the  space  of  twenty 
years,  and  if  the  purchaser  should  be  dead  or  removed  and  no  relative 
of  the  purchaser  is  known  by  the  Committee  or  Keeper  to  reside  in 
Richmond,  that  it  shall  then  be  the  duty  of  the  Committee  to  give 
notice  thereof  in  some  public  newspaper  published  in  the  City:  and  if 
no  relative  of  the  purchaser  appears  in  thirty  days,  that  then  the  said 
section,  half  section  or  quarter  section,  as  the  case  may  be,  shall  revert 
to  the  City. 

5.  Jlnd  be  it  further  Ordained  by  the  same  authority,   That 
there  shall  be  no  inclosure  erected  in  the  said  Burying  Ground  of 
greater  height  than  four  feet.   And  no  person  shall  be  intered  in  the 
public  burying  part  thereof,  other- than  a  citizen  of  the  City  of  Rich- 
mond; a  member  of  the  family  of  some  citizen  of  the  City  of  Rich- 
mond;   or   connexion   of  some   citizen   of  the    City   of  Richmond; 
or  some  person  who  may  have  died  within  the  City  of  Richmond,  but 
by  permission  obtained  from  the  Committee  of  the  Burying  Ground, 
and  paying  in  addition  to  the  fee  allowed  to  the  Keeper,  the  sum  of 
three  dollars  to  the  Chamberlain  for  the  use  of  the  City. 

6.  And  be,  it  further  Ordained,  That  the  Committee  of  the  Bury- 
ing Ground,  be  and  they  are  hereby  authorised,  from  time  to  time,  to 
contract  for  the  improvement  of  the  grounds  and  the  repairs  of  its 
ir:c:o,su:\\  and  to  draw  on  the  Chamberlain  for  the  amount  of  such 

12 


90  Ordinances  of  the  City. 

contract  or  contracts,  to  be  paid  for  out  of  the  sales  of  land  made 
under  this  Ordinance. 

7.  And  be  it  further  Ordained  by  the  authority  aforesaid,  That  no 
one  who  shall  have  been  convicted  of,  or  charged  with  and  not  tried,  or 
held  in  confinement  upon  a  charge  for  any  Felony  or  Misdemeanor,  and 
against  any  of  which  offences  the  Laws  of  the  Land  denounce  an  infa- 
mous punishment,  shall  be  intered  in  either  of  the  public  burying  places 
aforesaid,  unless  the  Wardens  or  the  Burying  Ground  Committee,  or  a 
majority  thereof  consent  thereto:  but  such  person  may  be  buried  in 
the   Lands  of  the  City  adjacent  to  the  said   Burying  Ground   on 
Shockoe  Hill. 

8.  And  be  it  further  Ordained,  by  the  authority  aforesaid,  That 
any  free  person  who  shall  wilfully  deface  or  injure,  or  cause  any  de» 
facement  or  injury  to  be  done,  to  any  of  the  inclosures  erected  around 
or  within,  either  of  the  burying  places  aforesaid;  or  to  any  tree,  shrub, 
vine,  tombstone,  or  other  stone  or   slab  which  may   be  erecied  or 
placed  by  any  one  within  the  said  burying  places,  according  to  the 
regulations  thereof,  shall  for  each  and  every  offence  be  liable  to  a  fine 
of  six  dollars,  to  be  recovered  for  the  use  of  the  Corporation  by  War- 
rant before  any  Justice  of  the  Peace  for  the  same:  And  if  such  offen- 
der be  a  Slave,   shall  receive  on  his  or  her  back,   any  number  of 
lashes  not  exceeding  thirty-nine,  at  the  discretion  of  the  Magistrate 
before  whom  the  trial  and  conviction  may  be  had. 

9.  All  Ordinances  and  parts  of  Ordinances  coming  within  the  pur- 
view  of  this  Ordinance,  shall  be  and  the  same  are  hereby  repealed: 
Provided  however,  That  nothing  herein  contained,  shall  impair  or 
diminish  any  right  or  interest  heretofore  vested  or  granted,  by  virtue 
of  any  Resolution  or  Ordinance  of  the  Hall. 

10.  This  Ordinance  shall  commence  and  be  in  force,  from  pud  after 

the  passing  thereof 


Ordinances  of  the  City.  91 

CHAP.  XVIII. 

Jin  Ordinance,  concerning  Fires,  and  Fire  Companies.* 
[Passed  July   14,    1828.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond  in  Common  Hall  assembled,  and  if  is 
hereby  Ordained  by  the  authority  of  the  same,  That  within  twenty 
da^s  after  the  passage  of  this  Ordinance,  the  respective  Fire  and 
Hydraulion  Companies  in  this  City,  shall,  at  a  meeting  of  each 
Company,  to  be  called  by  the  Captain  or  Commander  thereof  for  this- 
purpose,  and  annually  thereafter  in  the  month  of  July,  nominate  by 
ballot,  one  individual  to  act  as  Principal  Engineer,  and  six  persons, 
two  from  each  Ward,  to  act  as  Fire  Wardens.  Any  Captain  or  Com- 
mander of  a  Fire  or  Hydraulion  Company,  who  shall  fail  to  call  a 
meeting  for  the  purposes 'aforesaid,  within  the  period  aforesaid,  or 
shall  within  ten  .days  after  such  meeting,  fail  to  notify  the  President 
of  the  Common  Hall  of  the  nomination  made  by  his  Company,  shall 

*AN  ACT, 

Concerning  the  Fire  Companies  within  this  Commomvealth. 
[Passed  January  18,  1828.] 

Whereas,  it  is  represented  to  the  General  Assembly,  that  in  many 
of  the  towns  of  this  Commonwealth,  Companies  have  been  formed 
for  the  purpose  of  extinguishing  fire  on  buildings,  and  that  the  indi- 
viduals composing  such  Companies,  voluntarily  perform  very  labori- 
ous duties,  and  encounter  expenses  and  privations,  with  the  laudable 
motive  of  protecting  the  property  of  their  fellow  citizens;  and 
whereas,  it  appears  expedient  to  the  General  Assembly,  that  such 
associations  should  be  duly  fostered  and  encouraged: 

1.  Be  it  enacted  by  the  General  Assembly,  That  whenever  any 
number  of  citizens,  not  less  than  twenty,  nor  more  than  forty,  in  a 
City,  Borough  or  Town,  in  this  Commonwealth,  shall  have  organized 
themselves  into  a  Company,  for  the  purpose  of  extinguishing  fire  on 
buildings,  and  shall  have  procured,  or  been-  furnished  with,  a  good 
and  sufficient  Engine,  and  other  necessary  implements  for  the  extin- 
guishment of  fire,  the  individuals  composing  such  Company,  so  fur- 
nished and  provided  as  aforesaid,  shall  be,  and  are  hereby  exempted 
from  all  fines  for  non-attendance  at  the  several  musters  of  the  Militia 
prescribed  by  law.  But  nothing  herein  contained  shall  be  so  construed, 
as  to  exempt  the  said  persons  from  being  annually  enrolled  as  here- 
tofore, in  the  Militia  of  this  Commonwealth,  or  from  the  performance 
of  military  duty,  whensoever  the  regiment  to  which  they  may  belong, 
or  any  part  thereof,  shall  be  called  into  actual  service. 


92  Ordinances  of  the  City. 

forfeit  and  pay  the  sum  of  five  dollars,  to  be  recovered  by  warrant 

with  costs,  before  any  Magistrate  of  the  Corporation.   The  notice  to 

the  President  of  the  Common  Hall,  shall  be  in  the  following  form: — 

"  I,  do  hereby  certify,  that  was,  this 

day  of  ,  nominated  by  ballot,  by  the  Fire  or 

Hydraulion  Company,  as  a  fit  and  proper  person  to  fill  the  office  of 

Principal  Engineer;  and  that  and  of  Jefferson. 

Ward,  and  of  Madison  Ward,  and 

and  of  Monroe  Ward,  were  nominated  as  fit  and  proper 

persons  to  be  Fire  Wardens  for  the  City  of  Richmond. 

Captain  or  Commander  of 
Fire,  or  Hydraulion  Company." 


2.  Be  if  further  enacted,  That  it  shall  be  the  duty  of  the  Command- 
ing Officer  of  every  such  Fire  Company,  once  in  every  year,  to  pre- 
sent to  the  Regimental  Court  or  Courts  of  Enquiry,  of  the  Regiment 
or  Regiments  of  Militia,  in  which  the  members  of  his  said  Company 
may  be  enrolled,  a  correct  report  of  the  names  of  all  the  said  mem- 
bers, and  of  the  periods  at  which  they  shall  have  severally  joined 
his  said  Company,  and  also  of  the  condition  of  the  Engine,  Hose,  and 
Other  instruments  connected  therewith,  and  entrusted  to  his  charge; 
which  report  shall  be  received  as  sufficient  evidence  to  exonerate  the 
persons,  whose  names  may  appear  thereon,  from  the  payment  of  any 
fine    assessed  against  them  for  non-attendance  at  any  muster  which 
shall  have  taken  place  subsequently  to  the  time  of  their  having  be- 
come members  of  such  Company.    And   every   such   Commanding 
Officer,  for  failing  to  return  the  annual  report  hereby  directed,  shall 
be  fined  by  the  said  Regimental  Court  or  Courts  of  Enquiry,  not  less 
than  three,  nor  more  than  ten  dollars. 

3.  Be  if  further  enated,  That  whenever  such  Company,  in  the 
opinion  of  a  majority  of  the  Fire  Wardens,  or  Fire  Department,  of 
any  City,  Borough  or  Town,  to  which  the  said  Company  shall  belong, 
or  if  there  be  no  Fire  Wardens,  or  Fire  Department,  in  the  opinion 
of  the  Regimental  Court  of  Enquiry,  of  the  Regiment,  in  which  the 
said  Company  or  the  greater  part  thereof  shall  be  enrolled,  shall  have 
failed  for  three  months  successively,  to  consist  of  twenty  effective 
members,  or  shall  have  neglected  or  been  unable,  for  the  like  period 
of  time,  to  keep  the  Engine,  Hose,  and  other  instruments  entrusted 
to  them,  in   good  and  serviceable  condition,  it  shall  be  the  duty  of 
the  said  Regimental  Court  of  Enquiry  to  dissolve  the  said  Company, 
and  the  members  thereof  shall  be  forthwith  subject  to  the  performance 
of  Militia  duty,  as  fully,  and  to  the  same  extent,  as  if  this  act  had 
not  been  passed. 


Ordinances  of  the  City.  93 

.2.  Jlnd  be  it  further  Ordained,  That  when  the  President  of  the 
Common  Hall  shall  be  notified  by  the  Captains  or  Commanders  of  the 
respective  Companies,  that  such  nomination  has  been  made  as  afore- 
said, it  shall  be  his  duty,  without  any  unnecessary  delay,  to  call  a 
meeting  of  the  Hall  for  the  purpose  of  receiving  the  nominations  so 
made  by  th«  respective  Companies.  And  out  of  the  persons  nominated 
to  fill  the  office  of  Principal  Engineer,  the  Hall  shall  proceed  by 


4.  Be  it  further  enacted.  That  the  members  of  every  such  Com- 
pany may  elect  their  own  officers,  and  form  by-laws,  rules  and  regu- 
lations for  their  own  government,  provided  the  same  be  not  repugnant 
to  the  laws  of  the  land.   And  it  shall  be  the  duty  of  the  Commanding 
Officer  of  every  such  Company  to  certify  all  elections  which  may  be 
made  by  the  members  thereof,  to  the  Commanding  Officer  of  the  Re- 
giment or  Regiments,  in  which  any  of  the  said  members  may  be 
enrolled,  within  thirty  days  after  such  election  shall  have  taken  place; 
and  for  failing  to  do  so,  he  shajl  be  fined. by  the  Regimental  Court  or 
Courts  of  Enquiry,  of  such  Regiment  or  Regiments,  not  less  than 
three,  nor  more  than  ten  dollars. 

5.  Be  it  further  enacted,    That   besides  the  meetings  of  such 
Company,  which  may  be  required  by   its  own  by-laws,  meetings 
thereof  are  hereby  directed  to  be  held,  in  the  months  of  April  and 
October,    on  such   days  as  the    Commanding  Officer  thereof   shall 
appoint,  for  the  purpose  of  inspecting,  practising,  and  preserving  in 
good  order  and  condition,  the  Engine,  Hose,  and  other  necessary 
furniture,  belonging  or  entrusted  to  such  Company.   A  list  of  all  the 
members  who  shall  be  absent  from  such  meetings,  shall  be  returned 
by  the  Commanding  Officer  of  the  Company,  to  the  next  Regimental 
Court  or  Courts  of  Enquiry,  to  be  held  for  the  Regiment  or  Regi- 
ments, in  which  such  absentees  may  respectively  be  enrolled;  and 
such  Court  or  Courts  of  Enquiry  may  impose  a  fine  upon  the  said 
delinquents,  of  not  less  than  seventy-five  cents,  nor  more  than  three 
dollars,  which  fines  shall  be  suspended  and  remitted,  or  collected  and 
appropriated,  in  the  same  manner  as  militia  fines  are  required  by  law 
to  be  suspended,  remitted,  or  collected  and  appropriated.   And  for 
failing  to  make  a  report  of  the  said  absentees,  as  hereby  directed, 
every  such  Commanding  Officer,  as  aforesaid,  shall  be  fined  by  the 
Regimental  Court  or  Courts  of  Enquiry  aforesaid,  not  less  than  three 
nor  more  than  ten  dollars.  And  all  fines  which  may  be  assessed  under 
this  act,  against  the  Commanding  Officers  of  the  said  Fire  Companies, 
shall  be  suspended  and  remitted,  or  collected  and  appropriated,  in 
the  mode  now  prescribed  by  law,  in  relation  to  militia  fines. 

6.  All  acts  and  parts  of  acts  coming  within  the  purview  of  this  act, 
shall  be,  and  the  same  are  hereby  repealed. 

7.  This  act  shall  be  in  force  from  the  passing  thereof. 


94  Ordinances  of  the.  City. 

ballot,  to  elect  an  Officer,  who  shall  be  styled  the  Principal  Engineer 
of  the  City  of  Richmond;  and  out  of  the  persons  nomininated  to  fill 
the  office  of  Fire  Wardens,  the  Hall  shall  proceed  by  ballot,  to  elect 
gix  persons,  two  from  each  Ward,  who  shall  be  styled  Fire  Wardens 
of  the  said  City. 

3.  JZnd  be  it  further  Ordained,  That  the  Principal  Engineer,  the 
Fire  Wardens,  and  the  Captains  or  Commanders  of  the  respective 
Fire  or  Hydraulion  Companies,  shall  constitute  the  Fire  Department, 
for  the  City  of  Richmond;  and  they,  or  a  majority  of  them,  shall  be 
and  are  hereby  empowered,  to  adopt  such  rules  and  regulations  as 
they  may  deem  necessary  and  proper,  for  the  promotion  of  the  objects 
for  which  the  said  department  is  established ;  which  rules  and  regu- 
lations shall  be  binding  upon  them  and  the  Citizens,  when  approved 
by  the  Hall. 

4.  And  be  it  further  Ordained,    That  the  Ordinance,  entitled,, 
"  An  Ordinance,  providing  for  the  appointment  and  prescribing  the 
duties  of  a  Principal  Engineer  relative  to  fire,  for  the  City  of  Rich- 
mond, and  for  other  purposes,"  passed  the  1 3th  of  August,   1821, 
and  all  other  Ordinances  or  parts  of  Ordinances,  coming  within  the 
purview  of  this  Ordinance,  shall  be,  and  the  same  are  hereby  repealed. 

5.  This  Ordinance  shall  be  in  force  from  and  after  the  passage 
thereof. 


CHAP.    XIX. 

An  Ordinance,  to  regulate  the  Fire  Department  of  the  City 

of  Richmond. 

[Passed  June  8,    1829.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond  in  Common  Hall  assembled,  and  it  is  hereby 
Ordained  by  the  authority  of  the  same.  That  the  Principal  Engineer 
shall,  in  all  cases  of  fire,  have  the  sole  and  absolute  controul  and 
command  over  all  the  Fire,  Hydraulion,  or  Hose  Companies,  and  it 
shall  be  his  duty,  to  direct  the  Commanders  of  Companies,  to  place 


Ordinances  of  the  City.  95 

their  Engines  or  Hose,  in  such  situations,  as  he  may  deem  most 
advantageous  for  the  speedy  extinguishment,  of  the  fire.  It  shall 
moreover  be  his  duty,  to  report  in  writing,  to  the  Fire  Department, 
at  their  first  meeting  after  a  fire,  the  cause  thereof,  as  well  as  can  be 
ascertained,  and  the  number  and  description  of  the  buildings  destroy- 
td  or  injured,  together  with  the  name  of  the  occupant  and  owner. 
He  shall  also  report  all  delinquencies  which  may  occur;  and  he  shall 
twice  in  each  year,  in  the  months  of  April  and  October,  or  oftener, 
if  required  by  the  Fire  Department,  examine  anjd  report  the  condition 
of  the  different  Engines,  Hydraulions  and  apparatus,  to  the  Depart- 
ment. 

2.  The  Wardens  immediately  upon  the  alarm  of  fire,  shall  repair 
to  the  place  where  the  fire  may  be,  and  assist  in.  procuring  supplies 
of  water  to  the  Engines.  They  shall  also  prevent  the  Hose  from  be- 
ing trodden  on;  and  keep  all  idle  and  suspicious  persons  at  a  proper 
distance  from  the  fire.  They  shall,  at  th.e  annual  meeting  of  the  Fire- 
Department  in  the  month  of  August,  be  classeo"  by  ballot;  No.  1,  2, 
3,  4,  5,  6;  and  in  the  absence  of  the  Principal  Engineer  from  a  fire 
or  meeting,  Warden  No.  1,  shall  possess  all  his  powers  and  perform 
all  his  duties;  in  the  absence  of  both,  No.  2,  shall  command,  and 
so  on  in  succession  to  No.  6. 

5.  The  Commander  of  each  Fire,'  Hydraulion,  or  Hose  Company, 
rfiall  immediately  upon  the  alarm  of  fire,  cause  his  Engine  or  Hose 
to  be  conveyed  to  the  fire,  or  to  the  supply  of  water  nearest  the  fire: 
and  upon  his  arrival,  he  shall  send  one  of  the  members  of  his  Com- 
pany to  the  Principal  Engineer  to  report  his  arrival,  and  to  receive 
and  convey  orders  from  the  Principal  Engineer  to  his  Company. 

4.  No  Fire  Engine,  or  Hydraulion,  during  any  fire,  or  any  report 
ef  fire,  or  at   any  time  under  any  pretence  whatsoever,  unless  the 
Engine  house  itself  shall  be  on  fire,  shall  be  taken  Or  removed  from 
its  house,  except  in  the  presence  and  with  the  consent  of  the  Com- 
mander, or  two  of  the  white  members  of  the  Company,  or  by  the 
orders  of  the  Principal  Engineer. 

5.  The  Department  shall  at  their  meeting  in  August,  in  each  year, 
appoint  a  Clerk,  whose  duty  it  shall  be  to  keep  a  fair  record  of  the 
proceedings,  and  to  preserve  all  the  papers  belonging  to  the  Depart- 
ment.  He  shall  once  in  three   months,   furnish  the  Captain  of  the 
Night  Watch  with  a  list  of  the  members  of  the  Fire  Department; 


96  Ordinances  of  the  City. 

who  shall  direct  the  Watchmen,  upon  an  alarm  of  fire,  to  give  notice 
to  them.  And  it  shall  be  the  duty  of  every  Watchman,  upon  the 
breaking  out  of  any  fire,  to  alarm  the  citizens,  by  crying  fire,  and 
mentioning  the  street  where  it  may  be. 

6.  The  Commanders  of   Companies,   shall  quarter  yearly  in  the 
months  of  August,  November,   February   and  May,  report  to  the 
Fire  Department,  the  number  of  white  members  of  their  respective 
Companies,  who  attended  at  each  fire  during  the  quarter.  And  they 
shall  also  annually  report,  at  the  meeting  of  the  Department  in  the 
month  of  November,  the  names  of  the  effective  members  of  their 
Companies  and  the  names  of  their  Officers:  And  whenever  any  new 
election  of   officers   shall   take   place,  it  shall  be  the  duty  of   the 
Secretary  of  that  Company,  to  notify  the  Department  thereof. 

7.  The  Principal  Engineer  shall  wear  at  all  fires,  a  Leather  Hat  or 
Cap  painted  as  the  Fire  Department  may  direct,  with   the  .words 
Principal  Engineer,  and  a  Fire  Engine  blazened  in  front:  He  shall 
earry  a  Speaking  Trumpet  painted  as  may  be  directed   by  the  Fire 
Department,  with  the  words  Principal  Engineer  thereon.  He  shall 
also  cause  to   be  conveyed   to  the  fire,  a  Lantern  at  least  eight  feet 
high,  and  so  fixed,  as  by  its  light  to  show  the  letter  E  on  four  sides; 
near  which,  in  a  conspicuous  situation   in  front  of  the  fire,  he  will 
place  himself,  when  duty  does  not  require  his  presence  elsewhere. 

8.  The  Fire  Wardens  shall  at  all  fires,  wear  a.Leather  Hat,  painted  as 
may  be  directed  by  the  Fire  Department,  with  the  word   Warden 
thereon:  They  shall  also   carry  a  Wand  painted  Black  with  a  Brass 
Ball  on  the  top  thereof)  and  a  Speaking  Trumpet  painted  in  the  same 
manner  as  that  -of  the  Principal   Engineer,  except  that  the   word 
Warden  shall  be  substituted  for  Principal  Engineer.   They  shall 
also,  in   addition   to    the    other   duties  enjoined   upon  them,  when 
required  by   the  Principal  Engineer,  carry  any  orders  from  him  to 
the  different  Commanders  of  Companies,   or  make  any  examination 
of  the  fire  which  he  may  direct. 

0.  The  Fire  Department  shall  have  power  to  make  by-laws  and 
regulate  their  own  proceedings  in  meetings:  They  shall  meet  once  in 
three  months,  or  oftener  if  business  should  require  (to  be  notified  by 
the  Principal  Engineer.)  They  shall  decide  upon  the  reasonableness 
of  all  bills,  for  repairs  to  the  Engines,  Hose,  House?,  or  Apparatus. 


Or  di  notices    nf   the    FAty.  97 

which  may  have  been'  ordered  by  the  Principal  Engineer;  and  upon 
application  from  any  Company,  may  order  any  repair,  alteration,  or 
improvement  in  the  Engines,  Hose,  or  Apparatus,  which  the  neces- 
sity of  the  Company  or  interest  of  the  City  may  require:  Provided, 
That  they  shall  not  in  .any  one  year,  authorise  any  expenditure 
exceeding  the  appropriation  made  by  the  Common  Hall  in  that  year 
for  that  purpose.  All  the  necessary  expenses  of  the  Department,  shall 
be  paid  for,  out  of  the  fund  appropriated  for  the  encouragement  of 
Fire  Companies. 

10.  -The  Principal  Engineer  shall,  for  failing  to  appear  at  a  fire, 
to  examine  the  Engines  and  Apparatus,  or  to  make  any  report  which 
may  herein  be  required  of  him,  unless  he  offers  an  excuse. satisfactory 
to  the  Fire  Department,  forfeit  and  pay  for  each. offence,'  the  sum  of 
five  dollars,'  to  be  recovered   by  Warrant  with  costs,    before  any 
Magistrate  of  the  Corporation;  the  fine  when  so  recovered,  to  be  paid 
to  the  Chamberlain  for  the  use  of  the  Corporation. 

11.  The  Captain  or  Commander  of  a  Company,  failing  to  perform 
any  of  the 'duties  required  of  him   by  this  Ordinance,  shall  forfeit 
and.  pay  for  each  offence,  a  sum  not  more  than  five,  noi  less  than  two 
•dollars,  to  be  recovered  by  Warrant  with  costs,  before  any  Magistrate 
of 'the  Corppration,  and  to  be  paid  to  the  Chamberlain  for  the  use' of 
the  Corporation. 

12.  Whenever  any  vacancy  shall  occur  during  the  year,  in  the 
office  of  Principal   Engineer  or  Fire  Warden,  the  Fire  Department 
shall  be  authorised  to  nominate  to  the  Common  Hall,  a  person  to  fill 
such  vacancy. 

13.  Any  person  who  shall -wilfully  and  designedly  prevent  the 
Principal  Engineer,  Wardens,  or  any  Fireman   from  the  discharge 
of  his  or  their  duties  at  a  fire,  shall  forfeit  and  pay  for  the  use  of  the 
Corporation,  the   sum    of    six    dollars,  upon    judgment   before   the 
Mayor  or  any  Alderman  of  the  City. 

14.  This  Ordinance  shall  common-?  and  bs  in  force  from  and  after 
the  passing  thereof, 


98  Ordinances  of  the  City- 

CHAP.    XX. 

Jin  Ordinance,  providing  for  the   Watering  of  D  Street 
from  llth  to  14th  Streets. 

[Passed  May  28,    1829.] 

Whereas,  it  has  been  represented  by  two-thirds  of  the  owners  of 
lots  on  D  Street  from  llth  to  14th  Streets,  (the  assessed  value  of 
which  .said  lots,  with  their  improvements,  owned  by  the  persons  afore* 
Said,  amounts  to*  at  least  two-thirds  of  the  assessed  value  of  all  the 
real  property  on- the  said' street,  between  the  streets  aforesaid;)  that 
they  are  anxious  to  have  the  same  watered  from  llth  to  14th  streets, 
through  iron  pipes  of  at  least  six  inches  calibre;  and  praying  an  Or- 
dinance for  that  purpose,  in  conformity  with  an  act  of  the  last  Session 
of  the  General  Assembly  upon  the  subject,*  and  that  Commissioners 
be  appointed  to- direct  its  execution. 

1.  Be  it  therefore  Ordained  by  the  President  and  Common  Coun- 
cil of  the  City  of  Richmond  in  Common. Hall  assembled,  and  it  is 
hereby  Ordained'by  the  authority  of  the  same,  That  Messrs.  Samuel 
P.  Parsons,  David  Bullock,  Hezekiah  L.  Wight,  William  Anderson 
and  Spotswood  D.  Crenshaw,  be  and  they  are  hereby  appointed 
Commissioners,  for  the  purpose  of  contracting  for,  and  having  the 
water  conveyed  from  the  Basin  at  llth  street,  down  to  the  westera 
corner  of  14th  street  at  its  intersection  with  D  street,  through  iron 
pipes  of  the  following  dimensions,  viz: 

From  the  Basin  at  llth  street  to  the  middle  of  D,  and  down  D  to 
the  intersection  of  12th  street,  six  inches  calibre. 

From  the  intersection  of  12th  street  with  D,  to  the  intersection  of 
13th  street  with  D,  five  inches  calibre. 

From  the  intersection  of  1 3th  street  with  D,  to  the  intersection 
of  14th  street  with  D,  four  inches  calibre. 

And  for  having  eight  fire  plugs  inserted  in  the  said  pipes,  at  such 
distances  and  in  such  a  manner,  as  to  the  said  Commissioners,  or  a 
majority  of  them,  may  seem  expedient. 

And  that  the  said  Commissioners,  shall  moreover  require  from  the 
person  or  persons  with  whom  they  may  contract  for  the  performance 
of  the  work,  a  bond  with  sufficient  security  in  a  penalty  not  exceed- 
ing two  thousand  dollars,  payable  to  the  Mayor,  Aldermen  and  Com- 

*  See  Ante  p,  38- 


Ordinances  of  the  City.  99 

snonalty  of  the  City  of  Richmond  and  their  successors  in  office,  and 
conditioned  for  the  faithful  performance  of  the  work  aforesaid  within 
a  reasonable  time;  which  bond  is  to  be  deposited  with  the  Chamber- 
lain.* And  the  said  Commissioners  or  a  majority  of  them,  shall  be  and 
they  are  hereby  authorised,  from  time  to  time,  to  draw  upon  the 
Chamberlain  for  such  sum  or  sums  of  money,  as  to  them  may  seem 
necessary  for  the  prosecution  of  the  work  aforesaid:  Provided,  the 
whole  cost  of  the  same  shall  not  exceed  the  sum  of  two  thousand 
dollars;  which  orders  the  Chamberlain  is  hereby  authorised  and 
directed  to  pay. 

2.  And  be.  it  further  Ordained  by  the  authority  aforesaid,  That 
the  amount  which  may  be  paid  by  the  City  in  executing  the  said 
work,  shall  be  repaid  to  the  City  by  the  owners  of  real  property 
situated  on  D  street,  between  llth  and  14th  streets,  without  interest, 
in  the  following  manner,  to  wit:  In  addition  to  the  tax,  to  which  the 
property  on  the  said  street  shall  be  subject,  in  common  with  the  other 
real  property  in  the  City,  the  Hall  shall  assess  an  annual  tax  equal  to, 
and  not  exceeding  twenty  per  cent,  of  the  cost  of  the  said  work,  on 
tlie  property  with  the  improvements  thereon,  lying  on  D  street  be- 
tween llth  and  14th  streets  along  which  the  pipes  aforesaid  are  to  be 
conducted,  until  the  amount  expended  as  aforesaid,  shall  be  repaid 
without   interest;  and   which   tax   is   to   be   assessed,  collected  and 
accounted  for,  in  the  same  manner  as  the  other  taxes  of. the  City 
on  real   property,  are   now   assessed,   collected  and   accounted   for: 
Provided,  That  the  first  assessment  of  the  tax  aforesaid,  shall  not  be 
made  before  the  year  one  thousand  eight  hundred  and  thirty. 

3.  Jlnd  be  it  further  Ordained,    That  when  the  contemplated 
work  of  conveying  the  water  along  D,  from  llth  to  14th  streets  afore- 
said, shall  have  been  completed,  or  so  soon  thereafter  as  practicable, 
it  shall  be  the  duty  of  the  Commissioners  of  the  streets  for  Madison 
Ward,  to  make  such  arrangements  for  having  the  said  street  effectu- 
ally watered  and  cleansed  as  far  as  practicable,  at  such  times  and  in  such 
manner  as  to  the  said  Commissioners  or  a  majority  of  them  may  seem 
requisite. 

4.  Jlnd  be  it  further  Ordained,  That  if  any  person  or  persons 
shall  injure  or  deface  any  fire-plug  or  fire-plugs,  or  shall  waste  the 

*  See  Post  p.  ia4. 


100  Ordinances  of  the  City. 

water,  or  otherwise  in  any  manner  injure  or  deface  the  pipes  or  plugs 
in  any  street  or  alley  in  which  the  same  may,  under  the  provisions  of 
this  Ordinance,  or  at  any  time  hereafter,  be  laid  or  inserted ;  or  shall 
injure  or  deface  any  of  the  apparatus  used  for  watering  or  cleansing 
the  same,  such  person  or  persons  being  thereof  lawfully  convicted 
before  any  Justice  of  the  Peace  for  the  City  of  Richmond,  shall 
forfeit  and  pay  the  sum  of  six  dollars  and  sixty-six  cents;  one-half  of 
which  to  go  to  the  informer,  and  the  other  half  to  the  Chamberlain, 
for  the  use  of  the  City.  And  if  a  slave,  the  person  or  persons  so 
offending,  shall  be  punished  with  stripes  at  the  discretion  of  the 
Magistrate  before  whom  he  or  they  shall  be  convicted:  provided,  the 
same  shall  not  exceed  twenty-one  lashes. 

5.  And  be.  it  further  Ordained,  That  the  right  of  property  in 
the  works  done  under  the  provisions  of  this  Ordinance,    shall  remain 
and  be  vested  in  the  Corporate  Body  of  the  City.  And,  that  if  here- 
after, it  shall  be  deemed  expedient,  to  alter  or  add  to  the  pipes  author- 
ised by  this  Ordinance  to  b     laid,  it  shall  be  lawful  for  the  Hall  to 
make  such  alteration  or  addition  at  the  proper 'costs  and  charges  of 
the  City,  or  of  the  owners  of  property  on  the  street  or  streets  "requir- 
ing the  alteration  or  addition. 

6.  And  be  it  further  Ordained,  That  before  this  Ordinance  shall 
be  deemed  to  be  in   force  and  operation,  the  consent  of  the  James 
River  Company,   shall  be  first  had  and  obtained,   to  so  much  thereof, 
as  enlarges  the  quantity  of  water  to  be  drawn  from  the  Basin  of  the 
Canal  beyond  the  grant  of  the  said  Company;  or  which  may  in  any 
other  respect  depart  from  the  existing  contract  between  the  Hall  and 
said  Company.* 


*The  above  Ordinance,  was  approved  by  the  James  River  Company 
on  the  third  of  June,  1829;  "on  condition  that  the  navigation  of 
the  Canal  shall  sustain  no  injury  or  impediment  in  consequence  thereof, 
and  that  the  James  River  Company  retain  the  privilege  of  withdraw- 
ing the  supply  of  water  whenever,  in  their  opinion,  the  interest  of 
the  Company  may  make  it  necessary/' 


Ordinances  of  the  City.  •:'•.: 
CHAP.  XXI. 

An  Ordinance,  to  regulate  the  Manufacture  and  Sale  of 

Bread. 

[Passed  June  8,   1829.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond  in   Common  Hall  assembled,  and  it  w 
hereby  Ordained  by  the  authority  of  the  same,  That  all  Loaf  Bread 
made  and  offered  or  exposed  for  sale,  -in  this  City,  shall  be  sold  by 
weight. 

2.  *And  be  it  further  Ordained,    That  every  person  using  and 
carrying  on  the  trade  or  business  of  a  Baker  in  this  City,  shall  cause 
all  bread  by  him  or  her  made  or  procured  .to  be  made  for  sale  in  this 
City,  to  be  made  of  good  and  wholesome  flour  or  meal.  And'  all  L^af 
Bread   so  made  for  sale,  shall  be  made  into  Loav-es  weighing  four, 
eight,  twelvej  sixteen,  twenty,  t\venty-four,  twenty-eight,  thirty -two, 
forty,  forty-eight,  and  sixty*-four  ounces^  avoirdupois  weight;  and  shall 
be  stamped  with  the  initial  letters  of  the  name  of  the  maker,  and  the 
figures  to  designate  the  weight  of  the  Loaf. 

3.  Jlnd'  be  it  further  Ordained,  That  any  person  who  shall  sell 
or  offer  for  sale,  any  Bread,  representing  the. same  to  be  of  greater 
weight  than  upon  trial  it  shall  be  found  to  be,  if  such  difference  shall 
be  as  much  as  half  an  once;  or  shall  make  for  sale,  or  sell,  or  procure 
to  be  sold,  or  offer  or  expose  for  sale  in  this  City,  any  Bread  made 
of  other  than- good  and  wholesome  flour  or  meal;  or  without  being 
stamped  with  the  letters  and  figures  as  aforesaid;  or  shall  cause  alum 
or  any  other  unwholesome  ingredient  to  be  used  in  the  making  of 
such  Bread;  shall  forfeit  and  pay  six  dollars  and  sixty-six  cents  for 
every  such  offence,  to  be  recovered  by  warrant,  if  a  free  person, 
before  any  Justice  of  the  Peace  for  the  City,  one-half  to  the  use  of 
the  informer,  and  the  other  to  the  use  of  the  Corporation;  and  if  a 
slave,  shall  be  punished  by  stripes,  at  the  discretion  of  the  Magistrate, 
not  exceeding  however,  thirty-nine  lashes. 

4.   This  Ordinance  shall  commence  and  be  in  force,  from  and  after 
the  passing  thereof. 


Ordinances  of  the  City. 

\ 

CHAP.  XXII. 


.     , 
An  Ordinance,  relating  to  the  Public  Square  in  the  City  of 

Richmond,  and  the   Yard  of  the  City  Hall. 
[Passed  March  13,   1829.] 

Whereas,  the  Governor  of  this  Commonwealth,  in  pursuance  of 
an  Advice  of  Council,  of  the  eighteenth  day  of  June,  one  thousand 
eight  hundred  and  twenty-four,  has  transferred  the'custody  and  future 
improvement  of  the  Public  S'quare  in  this  City,  to  the  Common  Hall 
of  the  City  of  Richmond,  upon  certain  conditions  therein  mentioned; 
$md  the  Common  Hall  of  the  said  City,  having  agreed  to  take  charge 
of  and  improve  the  same,  subject  to  the  restrictions  mentioned  in  said 
Advice  of  Council. 

•1.  Be  it  therefore  Ordained  by  the  President  and  Common 
Council  of  the  City  of  Richmond  in  Common  Hall  assembled, 
and  it  is  hereby  Ordained  by  the  authority  of  the  same,  That 
annually  in  the  month  of  April,  or  as  soon  thereafter  as  convenient, 
there  shall  be  appointed  by  the  President  of  the  Hall,  a  Committee 
of  three,  to  be  called  the  Committee  of  the  Public  Square,  whose 
duty  it  shall  be  to  make,  and  superintend  all  contracts  relative  to  the 
improvements  and  repairs  of  the  said  Square,  and  to  take  care  that 
the  same  is  preserved  in  good  order,  and  to  draw  on  the  Chamberlain 
for  the  expense  thereof:  Provided,  That  it  does  not  exceed  the  annual 
appropriation. 

2.  Be  it  further  Ordained,  That  annually,  in  the  month  of  April, 
or  as  soon  thereafter  as  convenient,  there  shall  be  appointed  a  Keeper 
of  the  Capitol  Square,  whose  duty  it  shall  be  to  make  such  improve- 
ments and  repairs  to  the  said  Square  and  the  Yard  of  the  City  Hall, 
as  the  said  Committee  shall  direct;  and  to  preserve  the  turf,  walks 
and  trees,  and  keep  the  same  in  clean  and  neat  order;  and  to  report 
from  time  to  time,  to  the  Hall,  or  the  Committee  aforesaid,  any  repairs 
or  improvements  which  it  may  seem  to  him  necessary  to  have  done; 
and  in  the  name  of  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  Richmond,  to  prosecute  all  who  offend  .against  any  of  the 
provisions  of  this  Ordinance:  for  which  services  the  said  Keeper 
shall  receive  annually,  the  sum  of  three  hundred  dollars,  payable  to 
him  by  the  Chamberlain  quarter-yearly,  upon  the  certificate  of  the 
Committee,  that  he  has  well  and  truly  performed  his  duty. 


.    Ordinances  of  the  City. 

3.  Be  it  further  Ordained,  That  any  person  Of  persons  desirous 
ef  selling  any  refreshments  in  the  said  Square,  shall  annually,  apply  t& 
the  Committee  aforesaid  for  a  license,  which   the  said  Committee  are 
hereby  authorised  and  empowered  to  grant,  upon  the  applicant's  pay- 
ing to  the  Chamberlain  of  the  said  City,  the  sum  of  ten  dollars,  and 
exhibiting  sufficient  evidence  of  his  or  her  good  character.  And  if 
any  person  or  persons  shall  erect  or  keep,  any  Booth,  Tent,  Arbour, 
Stall  or  Table,  within  the  said  Square,  for  the  purpose  of  selling  any 
refreshments,  or  shall  sell  within  the^said  Square  any  refreshments, 
without  having  first  procured  a  license  as  aforesaid,  he  or  she  so 
offending,  shall  forfeit  and  pay  for  each  and  every  offence,  the  sum 
of  six  dollars  and   sixty-six   cents,  to.  be  recovered  with  costs,,  by 
Warrant  before  the  Mayor,  Recorder  or  any  Alderman  of -said  City, 
in  the  name,  of  the  Mayor,  Aldermen  and  Commonalty  Of  said  City. 

4.  .Be  it  further  Ordained,  That  if  any  person  or  persons,,  shall 
destroy  or  injure  any  tree,  post,  chain,  railing,  walk  or  grass  within 
the  said  Square  or   Yard   of  the  City  Hall;  or  any  part"  of  the  iron 
railing  enclosing. the  said  Square,  he,  she  or  they  shall  be  subject  to 
a  fine  not  less  than  two  dollars,  nor  more  than  six  dollars  and  sixty- 
six  cents  for  •  each  and  every  offence,  to  be  recovered  in  mannef 
aforesaid,  with  costs. 

5.  Be  it  further  Ordained,  That  if  any  slave  shall  commit  as 
offence  prohibited   by  this  Ordinance,  he,  or  she  so  offending,  shall 
receive  on  his  or  her  bare  back,  by  order  of  any  Magistrate  of  this 
City,  any   number  of  stripes   well  laid   on,  hot   exceeding   fifteen; 
unless  his  or  her  owner,  employer  or  overseer,  will  .pay  a  penalty  of 
three  dollars  for  such  offence,  in  which  case,  the  stripes  shall  not  be 
inflicted. 

6.  Be  it  further  Ordained,  That  the  tax  hereby  imposed  upoa 
the  licenses  aforesaid,  and  all  forfeitures  or  penalties  to  be  incurred 
by  virtue  of  this  Ordinance,  be  and  the  same  are  hereby  set  apart 
and   appropriated,  towards   defraying  the   expense  of  keeping  and 
improving  the  Public  Square.  And  that  all  the  Officers  of  Police  in 
this  City,  be  and  they  are  hereby  required,  and  especially  on  public 
days,  to  render  all  the  assistance  in  their  power,  in  enforcing  the 
provisions  of  this  Ordinance. 

7.  All  Ordinances  and  parts  of  Ordinances  coming  within  the  pur- 
view of  this  Ordinance,  shall  be,  and  the  same  are  hereby  repealed. 


104  Ordinances  of  the  City. 

8.  This  Ordinance  shall  commence  and  be  in  force,  so  'soon  as  the 
same  shall  be  approved  by  the  Executive  of  this  Commonwealth,  and 
certified  to  the  Common  Hall.* 

*  So  much  of  the  above  Ordinance  'as  relates  to  the  Public  Square, 
approved  by  the  Executive,  on  the  12th  of  June,  1 82 9,.  and  certified 
to  the  Common  Hall,  "  Provided,  That  it  shall  not  be  so  construed, 
as  to  authorise  the  erection  of  any'Bopth  or  Booths  within  the  enclo- 
sure of  the  Square."  [See  Ante,  Acts  of  .Assembly,  Ch.  28,  p.  33.] 


CHAP.  XXIII. 

An  Ordinance,  repealing  part  of  "Jin  Ordinance,  providing 
for  the  ivatering  of  D  Street,  from'llth  -to  14th  Streets," 
•    and  for  other  purposes. 

[Passed  June  18,  1829.] 

1.  BE  it  Ordained  by  the:  President  and  Common  Council  of 
the  City  of  Richmond  in  Common. } fa II  assembled,    and  it  is 
hereby.  Ordained  by  the  authority  of  the  same,  That  so  much  of 
the  first -section  of  the  Ordinance  providing  for  the  watering  of  D 
Street  from  llth  to  14th  Streets,  as  renders  it  the  duty  of  the  Com- 
missioners therein  named,  to  require  from  the  person  or  persons  with 
whom   they  may  contract  for  the  performance  of  the  work,  a  bond 
with   sufficient  security,  in   a  penalty   not  exceeding  two  thousand 
dollars,  payable  to  the  Mayor,  Aldermen  and  Commonalty  of   the 
City  of  .Richmond.-  and  their  successors  in  office,  and  conditioned  for 
the  faithful  performance   of  the  work  aforesaid,  within  a  reasonable 
time,  and  requiring  the  said  bond  to  be  deposited  with  the  Chamber- 
lain; be  and  the  same  is  hereby  repealed. 

2.  Jlnd  be  it  further  Ordained,  That  the  Commissioners  named 
in  the  said  Ordinance,  be  and  they  are  hereby  authorised,  to  proceed 
with  the  work  therein  mentioned,  in  such  manner  as  to  the  said  Com- 
missioners,  or  a  majority  of  them,  may  seem  most  advisable,  for  car- 
rying into  effect,  the  purposes  of  the  said  Ordinance;  subject  never- 
theless, to  all  the  provisions  of  said  Ordinance  not  herein   before 
repealed. 

3.  This  Ordinance  shall  be  in  force  from  and  after  the  passage 
thereof. 


Ordinances  of  the  City.  105 

CHAP.  XXIV. 

An  Ordinance,  reducing  into  one,  the  several  Ordinances  far 
regulating  the  Public  Markets  in  the  City  of  Richmond. 

[Passed  August  24,   1829.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond  in   Common  Hall  assembled,  and  it  is 
hereby  Ordained  by  the  authority  of  the  same.  That  no  person 
shall  hereafter  occupy  a  stall  or  stalls  in  the  Public  Markets  of  this 
City,  until  he  obtain  a  License  from  the  Common  Hall;  (first  having 
satisfied  the  Hall  as  to  character  and  capability)  for  which  he  shall 
pay  one  dollar  to  the  Chamberlain  for  the  use  of  the  City:  and  if  any 
Butcher  occupying  any  such  stall  or  stalls,  shall  be  guilty  of  any 
violation  of  the  Criminal  Laws  of  this  State,  or  any  of  the  Ordi- 
nances of   this  City  relating  to  the  Markets,   and  shall  be  thereof 
legally  convicted,  his  License  shall  be  forfeited,  at  the  discretion  of 
the  Hall;  and  it  shall  be  the  duty  of  the  Clerk  of  the  Market,  to 
proceed  with  any  such  stall  or  stalls  so  vacated,  as  if  the  vacancy  had 
occurred  by  the  death  of  the  occupier. 

2.  There  shall  annually,  after  every  new  election  of  the  Common 
Council,  be  appointed  a  Committee  of  Markets,  whose  powers  and 
duties  shall  be  as  herein  provided  for. 

3.  The  amount  of  the  annual  rent  assessed  upon  all  stalls  for  the 
sale  of  meats  in  the  Old  and  New  Markets,  shall  be  paid  quarterly  in 
advance  to  the  Clerks  of  the  respective  Markets,  who  shall  rent  thenl 
to  the  Licensed  Butchers  at  the  said  assessed  rent,  until  a  new  assess- 
ment shall  be  directed  by  the  Common  Hall;  which  new  assessment, 
may  be  made  at  any  time,  to  take  effect  at  the  end  of  the  year.  The 
mode  of  assessment  shall  be,  by  putting  each  stall  up  for  the  highest 
premium  in  cash,  over  and  above  the  regular  assessment.   No  Butcher 
shall  be  allowed  to  occupy  more  than  two  stalls  at   the  same   time, 
nor  shall  any  Butcher  relinquish  his  or  her  stall  after  the  commence- 
ment of  any  year;  but  in  case  of  the  death  of  the  occupier,  or  on  a 
failure  to  pay  the  assessment  quarterly  in  advance,  so  that  a  default 
of  more  than  ten  days  shall  happen,  or  in  case  he  fails  for  the  space 
of  more  than  two  weeks  to  supply  his  stall  or  stalls  with  good  and 
wholesome  meats,  in  either  of  these  cases,  the  stall  or  stalls  shall  be 

considered  vacant,  and  it  shadl  be  the  duty  of  the  Clerk  of  the  Market, 
14 


106  Ordinances  of  the  City. 

to  offer  the  said  stall  or  stalls  for  sale  forthwith,  to  the  highest  bidder 
for  cash,  for  the  balance  of  the  year,  first  giving  notice  for  twenty- 
four  hours  of  the  time  of  such  sale,  to  be  posted  on  the  front  of  the 
Market;  and  in  all  cases,  of  delinquency  in  paying  or  supplying  as 
aforesaid,  it  shall  be  the  duty  of  the  Clerk  to  proceed  by  Warrant  or 
otherewise,  to  recover  from  the  delinquent,  for  the  use  of  the  City, 
the  quarterly  arrearages  as  they  fall  due,  and  not  paid  within  ten  days 
thereafter,  up  to  the  end  of  the  year. 

4.  Any  Butcher  may  relinquish  his  or  her  stall  or  stalls  at  the  end 
of  any  year:  And  whenever  there  shall  be  more  than  one  applicant 
for  any  such  stall  or  stalls,  the  Clerk  of  the  Market  shall  offer  it  or 
them  to  the  highest  bidder  for  cash,  above  the  regular  assessment, 
giving  twenty-four  hours  notice  thereof  in  writing,  posted  at  the 
front  of  the  Market. 

5.  Every  Butcher  occupying  a  stall  or  stalls  in  the  Public  Markets, 
and  who  shall  thereat  dispose  of  meats  for  the  benefit  of  other  persons 
not  licensed  to  sell  at  the  same,  shall  account  for  and  pay  for  all  meats 
sold  at  his  stall  for  the  benefit  of  others,  at  the  same  rates  that  the 
owners  thereof  would  have  been  liable  to  pay,  if  the  same  had  been 
sold  by  them:  and  the  said  Butchers  shall  quarterly,  render  to  the 
Clerk  on  oath,  to  be  made  before  a  Magistrate  of  this  City,  an  account 
of  the  meats  sold  as  aforesaid,  within  the  preceding  three  months j 
and   in   case   of  failure  herein,  such   Butcher   shall  be   liable   to  a 
forfeiture  of  his  License,  at  the   discretion   of  the   Committee   of 
Markets. 

6.  No  Butcher  shall  be  allowed  to  purchase  within  the  limits  of 
the  City  and  expose  for  sale,  any  slaughtered  Cattle,   Sheep  or  Hogs, 
under  the  penalty  of  three  dollars,  and  the  forfeiture  of  the  articles 
so  bought. 

7.  Every  Butcher,  under  the  penalty  of  four  dollars,  shall  each 
and  every  day,  when  attending  Market,  produce  to  the  Clerk  thereof, 
the  hides  with  the  ears  of  the  several  animals  by  him  brought  to 
Market,  which  shall  be  exposed  to  public  view  for  at  kast  two  hours. 
No  Butcher  shall  be  permitted  to  bring  within  the  Market  Square, 
any  dog  or  bitch  during  the  Market  hours,  under  the  penalty  of  two 
xlollars  for  each  offence:  And  it  shall  be  the  duty  of  every  Butcher 
occupying  a  stall  or  stalls,  to  keep  the  same  clean  and  decent,  a«d 
to  cause  hie  or  her  name  to  be  written  or  printed  in  plain  characters 


Ordinances  of  the  City.  107 

over  such  stall  or  stalls,  under  the  penalty  of  fifty  cents  for  each 
day's  omission.  Any  Butcher  occupying  a  stall  or  stalls,  shall  be 
permitted  to  remove,  at  his  own  expense,  any  boxes  or  benches  by 
him  or  her  erected. 


8.  No  Butcher  or  other  person,  shall  be  permitted  to  weigh 
meats,  fish,  or  other  articles,  with  steelyards,  under  the  penalty  of 
five  dollars  for  each  offence;  and  it  shall  be  the  duty  of  the  Clerks  of 
the  Markets  to  procure,  at  the  cost  of  the  City,  suitable  patent 
balances,  to  be  erected  in  convenient  situations,  for  the  purpose  of 
weighing  all  meats  sold  by  the  quantity,  too  large  to  be  weighed  with 
scales  and  weights;  it  shall  moreover  be  the  duty  of  the  Clerk  of 
each  Market  when  called  upon,  to  weigh  any  average  or  other  Beef 
passing  from  the  Drover  to  the  Butcher,  and  grant  a  certificate  of  the 
same,  for  which  he  shall  receive  twenty-five  cents  per  head,  to  be 
paid  by  the  persons  requiring  his  services. 

9..  No  Butcher  shall  be  permitted  to  bring  into  the  Markpt.  House 
or  Market  Square,  during  the  period  of  the  summer  establishment, 
any  beef  tallow,  except  such  as  may  be  necessarily  attached  to  the 
hind  quarters  of  beef;  nor  shall  he  be  permitted  to  leave  in  the 
Market  House  or  Streets  contiguous,  the  heads,  feet  or  other  parts 
of  animals,  under  the  penalty  of  five  dollars  for  every  such  offence,, 
It  shall  not  be  lawful  for  any  Butcher  or  other  person,  to  sell  or  offer 
for  sale  in  the  Public  Markets  of  this  City,  any  distempered  or 
unsound  Meats,  under  the  penalty  of  five  dollars  for  each  offence; 
nor  shall  any  person  be  permitted  tq  sell  or  offer  fo^  sale,  any  unsound 
Fish,  or  Fowls,  under  the  penalty  of  two  dollars  for  each  offence: 
it  shall  be  the  duty  of  the  Clerks  of  the  respective  Markets,  to 
examine  such  articles,  and,  if  found  defective,  to  order  them  out  of 
Market,  and  prosecute  for  the  penalties;  but  should  any  Butcher  or 
other  person  feel  himself  aggrieved  by  the  opinion  of  the  Clerk,  lie 
or  they  shall  have  a  right  to  appeal  to  the  Committee  of  Markets^ 
for  their  decision. 

10.  No  person  shall  be  permitted  to  sell  or  expose  for  sale  in  the 
Public  Markets  of  this  City,  any  Butter,  Oysters,  Fish,  Fowls,  Eggs, 
Fruits  or  Vegitables,  if  bought  within  the  limits  of  the  City,  or 
consigned  within  the  said  limits  to  him  or  her  for  sale,  under  the 
penalty  of  forfeiture  of  the  article  so  offered  or  exposed  for  sale  ,>  and 
if  thf  (.-Jerk  of  tJho  Market  ^liall  have  er<vjd  -r.au  -SG  to  believe  any  p:  isnh 


108  Ordinances  of  the  City. 

4 

or  persons  guilty  of  offending  herein,  it  shall  be  his  duty  to  seize 
the  article  so  offered  or  exposed  for  sale,  and  to  notify  the  party  to 
appear  before  the  Mayor  or  some  other  Magistrate  of  the  City,  at 
any  time  within  twelve  hours,  to  show  cause  why  the  said  article  or 
articles  so  seized,  should  not  be  forfeited  for  the  benefit  of  the  City: 
nor  shall  any  person  residing  within  the  City  of  Richmond  or  its 
jurisdiction,  be  permitted  to  sell  or  expose  for  sale  in  the  Public 
Markets  thereof,  any  of  the  above  enumerated  articles,  without 
producing  to  the  Cl'erk  of  the  Market,  or  to  any  Citizen  demanding 
it,  a  certificate  from  the  person  from  whom  he,  she  or  they,  procured 
such  articles  beyond  the  limits  of  the  City,  under  the  penalty  of 
forfeiture  of  the  articles  so  offered  or  exposed  for  sale;  it  shall  be  the 
duty  of  the  Clerk  of  the  Market  to  seize  such  articles,  and  notify 
the  party  to  appear  at  any  time  within  twelve  hours,  before  the 
Mayor  or  some  other  Magistrate  for  the  City,  to  show  cause  why 
such  articles  should  not  be  forfeited  to  the  City.  Provided  however, 
That  nothing  herein  contained  shall  be  so  construed,  as  to  compel 
any  person  residing  within  the  City  to  produce  such  certificate,  to 
entitle  him  or  her  to  sell  any  of  the  above  enumerated  articles,  if  the 
same  shall  be  die  product  of  his  or  her  own  farm  or  garden. 

11.  It  shall  not  be  lawful  for  any  person  to  purchase  or  sell  before 
the  hour  of  ten  o'clock,  any  article  of  provisions  whatever,  on  the 
way  to  Market,  before  the  same  shall  have  been  brought  within  the 
Market  Square;  he  or  they  so  offending,  shall  forfeit  and  pay  two 
dollars:  nor  shall  any  person  living  within  the  City  or  its  jurisdiction, 
be  permitted  to  assist  or  in  any  way  interfere  in  the  sale  of  any 
provision^  not  their  own,  brought  to  Market  for   sale,  under  the 
penalty  of  three  dollars,  or,  if  a  slave,  stripes  at  the  discretion  of  a 
Magistrate,  not  exceeding  ten  lashes. 

12.  No  slave  shall  be  permitted  to  sell  or  expose  for  sale,  any 
articles  of  provisions,  unless  he  or  she  shall  produce  a  permission  in 
writing,  from  his  or  her  owner  or  employer,  authorising  such  sale, 
describing  the  quantity  and  sort  of  article  or  articles  so  permitted  to 
be  sold,  under  the  penalty   of  forfeiture  of  the  articles  so  offered  or 
exposed  for  sale,  and  chastisement,  at  the  discretion  of  a  Magistrate, 
not  exceeding  ten  lashes, 


Ordinances   of  the  City.  109 

13.  No  person  shall  be  permitted  to  sell  any  fruits  or  vegitables, 
•in  any  other  than  dry  measure,  under  the  penalty  of  one  dollar  for 
each  offence:  it  shall  moreover  be  the  duty  of  the  Clerk  of  each 
Market,  to  inspect  all  such  measures,  and  if  found  deficient,  he  or 
she  shall  forfeit  to  the  City,  the  whole  of  the  articles  intended  to  be 
sold  by  such  measure. 

14.  If  any  person  shall  buy  or  sell  any  Beef,  Pork,  Mutton,  Veal, 
Shoat,  Lamb  or  Butter,  which  may  be  brought  to  the  Public  Market 
for  sale,  in  any  other  manner  than  by  weight,  he  or  she  shall  forfeit 
and  pay  for  each  offence,  the  sum  of  one  dollar.   It  shall  be  the  duty 
of  the  Clerk  of  each  Market,  to  examine  butter  and  other  articles 
§old  or  offered  for  .sale  by  weight,  and  if  found  deficient,  it  shall 
amount  to  a  forfeiture  to  the  City,  of  the  article  or  articles  so  offered 
for  sale,  and   if  sold,  the  value  thereof:  it  shall  be  the  duty  of  the 
Clerk,  to  seize  such  articles  so  offered  for  sale,  and  notify  the  parties 
to  appear  within  twelve  hours,  before  the  Mayor  or  some  other 
Magistrate  for  the  City,  to  show  cause  why  the  said  articles  should 
not  be  forfeited  as  aforesaid. 

15.  Any  person  who    shall  deposit   any   rubbish,    filth,  dirt  or 
offensive  matter,  in  or  about  either  of  the  Market  places  or  houses 
in  this  City,  shall,  if  a  free  person,  be  fined,  on  conviction  before  any 
Justice  of  the  Peace  of  the  City,  the  sum   of  five  dollars;  and  if  a 
slave,  upon  like   conviction,  shall  receive  on  his  or  her  bare  back, 
any  number  of  stripes  not  exceeding  twenty,  at  the  discretion  of 
the  Justice  before  whom  he  or  she  may  be  convicted. 

16.  It  shall  be  the  duty  of  the  Clerks  of  the  respective  Markets, 
daily  to  demand  and  receive  from  each  and  every  person  not  licensed, 
the  following  rates,  to  wit: — For  each  slaughtered  Bullock,   Cow  or 
Steer,  offered  for  sale  in  the  Public  Market,  twenty-five  cents;  for 
each  slaughtered  Veal,  Mutton,  Lamb,    Hog  or  Shoat,  ten  cents; 
rxich  Sturgeon,  ten  cents;  each  Kid  or  Pig,  five  cents. 

17.  The  Market  shall  be  opened  every  day,  from  the  first  day  of 
May  until  the  first  day  of  November,  until  twelve  o'clock  each  day, 
except  on  Sundays,  on  which  days,  it  shall  be  closed  at  nine  o'clock, 
A.  M. ;  and  from  the  first  day  of  November  until  the  first  day  of 
May,  it  shall  be  opened  every  day,  Sundays  excepted,  until  one 
o'clock  P.  M. ;    and,  between  the  first  day   of  November  and   the 
first  day  of  May,  it  shall  be  lawful  to  kee«p  the  Public  Markets  oper 


110  Ordinances  of  the  City. 

on  Saturdays  until  eight  o'clock  P.  M.  Any  person  offending  herein, 
or  being  found  at  Market  after  the  hour  aforesaid,  with  any  provision 
or  other  article  whatsoever,  shall  be  liable  to  the  penalty  of  two 
dollars,  and  moreover,  forfeit  whatsoever  he  or  she  may  so  continue 
to  offer  for  sale  at  the  Market. 

18.  The  Clerks  of  the  Markets  shall  have  authority  to  cause  any 
cart,  waggon,  dray,  pleasure  carriage,  horses  or  other  beasts  of  burden, 
to  be  removed  from  the  limits  of  the  Markets,  if  necessary,  to  any 
adjoining  Street  or  unimproved  land,  and  any  person  using  or  having 
the  care  of  any  such  cart,  waggon,  dray,  pleasure  carriage,  horse  or  beast 
of  burden,  who  shall  refuse  to  obey  such  order,  shall  be  liable  to  a 
fine  of  one  dollar,  for  every  fifteen  minutes,  the  said  disobedience 
shall  continue,  if  free 5  and  if  a  slave,  shall,  for  said  offence,  receive 
ten  lashes. 

19.  If  from  sickness  or  any  temporary  cause,  the  Clerk  of  either 
Market  should  be  unable  to  attend  in  person,  it  shall  be  his  duty  to 
appoint  a  Deputy,  to  be  paid  out  of  his  own  salary,  who  shall  have 
the  same  power  and  authority  as  the  principal,  to  execute  any  of  the 
provisions  of  this  Ordinance. 

20.  No  Butcher's  stall  in  either  Market,  shall  be  allowed  to  extend 
out  from  the  side  walls  more  than  nine  feet;  and  if  any  Butcher 
extend  his  blocks,  benches  or  other  fixtures,  beyond  that  distance, 
he  shall  forfeit  any  pay  three  dollars  for  each  and  every  offence;  and 
for  every  refusal  to  remove  any  fixture,  that  may  be  directed  to  be 
removed  by   Ordinance,  or  by  the  Committee  of  Markets,  he  shall 
forfeit  and  pay  a  like  sum,  for  every  twenty-four  hours  such  fixture 
shall  remain. 

21.  The  Clerk  of  the  Old  Market,  shall  have  power  to  contract 
\vith  some  proper  person,  for  watering,  sweeping  and  cleaning  said 
Market  House,  and  the  Streets  and  Alleys  adjoining;  also,  to  white- 
wash the  inside  of  the  Market  House,    twice   a   year,    under  the 
direction  of  the  Committee  of  Markets,  who  shall  have  power  to 
draw  upon  the  Chamberlain   quarterly,  for   one   hundred   and  fifty 
dollarrs  per  annum,  for  his  services:  Provided,  they  ore  satisfied  the 
duties  have  been  faithfully  performed. 


Ordinances  of  the  City.  Ill 

22.  It  shall  be  the  duty  of  the  Clerk  of  Shockoe  Hill  Market,  to 
have  swept  and  kept  clean  that  Market,  to  whitewash  the  same  at 
least  twice  in  each  year,  and  to  have  swept  and  kept  clean  the 
Streets,  Lanes  and  Alleys  adjoining  thereto;  for  which  service,  he 
shall  receive  annually,  the  sum  of  fifty  dollars;  upon  producing  to 
the  Chamberlain  a  certificate  from  the  Committee  of  Markets,  that 
the  said  duty  has  been  properly  and  faithfully  performed. 

33.  It  shall  be  the  duty  of  the  Clerks  of  the  Markets,  to  attend 
at  their  respective  Market  Houses  each  day,  from  day-break  until 
the  market  closes,  to  prosecute  for  all  fines  and  forfeitures  in  their 
respective  Markets,  arising  under  this  Ordinance,  and  to  account 
quarterly  to  the  Clerk  of  the  Hall,  under  oath,  for  all  monies 
received  by  them  respectively,  in  virtue  of  their  offices,  to  be  laid 
before  the  Hall :  and  if  he  shall  fail  to  account  for  and  pay  over  such 
monies,  or  to  discharge  the  other  duties  required  by  this  Ordinance, 
during  the  term  of  one  month^  the  salary  shall  no  longer  be  paid  to 
such  delinquent. 

24.  That  the  Clerks  of  the  respective  Markets,  may  be  the  better 
enabled  to  execute  the  duties  of  their  offices,  and  preserve  order 
about  the  Markets,  they  shall  have  all  the  powers  of  a  Police  Officer 
within  two  hundred  yards  around  the  Market,  in  any  direction. 

25.  The  Clerk  of  the  Old  Market,  shall  be  allowed  for  his  services, 
five  hundred  dollars  per  annum,  payable  quarterly,  commencing  on 

1  st  day  of  January,  in  each  year. 

26.  The  Clerk  of  Shocks  Hill  Market,  shall  be  allowed  for  his 
•services,  three  hundred  dollarc  per  annum,  payable  quarterly,  com- 

•\<ng  on  the  first  drr/  of  January,  in  each  year. 

£7",  All  Ordinances  or  parts  of  Ordinances  coming  within  the  pur- 
view of  this  Ordinance  shall  be,  and  the  same  are  hereby  repealed, 
from  and  after  the  taking  effect  of  this  Ordinance. 

28.  This  Ordinance  shall  comnv-n r-o  ?nd  be  ih  force,  from  and  srftor 

']->0  nossin-.    ,'"•"•  ""£ 


112  Ordinances  of  the  City. 

CHAP.  XXV. 

An  Qrdinance,  amending  an  Ordinance,  entitled,  "Jin  Or- 
dinance, concerning  Theatres,  and  Public  Shows  and 
Exhibitions  within  the  City  of  Richmond. 

[Passed  January  11,    1830.] 

BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond  in  Common  Hall  assembled,  and  it  is 
hereby  Ordained  by  the  authority  of  the  same,  That  so  much  of 
the  second  section  of  an  Ordinance,  entitled,  "  An  Ordinance,  con- 
cerning Theatres,  and  Public  Shows  and  Exhibitions  within  the  City 
ef  Richmond,"  (a)  as  requires  the  payment  of  a  tax  of  ten  dollars 
for  each  day's  or  night's  performance  or  exhibition  of  a  Circus  or 
Feats  of  Horsemanship  with  or  without  Theatrical  Exhibition,  be 
and  the  same  is  hereby  repealed;  and  that  hereafter  the  tax  which 
shall  be  paid  for  a  License  by  the  Exhibitors  thereof,  shall  be  five 
dollars  for  each  day's  or  night's  performance  or  exhibition  of  the 
same. 

(a)  Ante  p.  75 


Ordinances  of  the  City.  US 

CH^P.  XXVI. 

Jin  Ordinance,  reducing  into  one,  the  several  Ordinances 
establishing  a  Regular  Police  in  the  City  of  Richmond, 
and  prescribing  the  duties  of  the  Mayor  of  the  said  City; 
and  for  regulating  the  appointment  and  prescribing  the 
Duties  of  the  Night  Watch  thereof,  and  for  other  purposes. 

[Passed  May  10,  1830.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council 
of  the  City  of  Richmond  in  Common  Hall  assembled,  and  it  is 
hereby  ordained  by  authority  of  the  same,  That  the  Mayor  of  the 
said  City,  in  addition  to  the  Judicial  functions,  which  belong  to  him 
as  a  member  of  the  Court  of  Hustings,  shall  on  each  day,  Sundays 
excepted,  between  such  hours  as  he  may  designate,  hold  a  Court  in 
the  office  appropriated  for  his  use,  or  in  such  other  convenient  place 
as  the  Hall  shall  from  time  to  time  appoint;  (which  Court  shall  be 
called  the  "Mayor's  Court,"  and  shall  hold  jurisdiction  in  all  cases 
in  which,  the  Mayor  of  the  City,  can  do  so  according  to  law  and 
the  Ordinances  of  the  City;)  and  shall  exercise  a  general  superintend- 
ance  and  control  over  the  Police  of  the  City. 

2.  And  be  it  further  Ordained,  That  to  enable  the  Mayor  to  exercise 
his  duties  connected  with  the  Police  of  the  said  City,  he  shall  appoint 
Deputies  of  Police,  who  shall  hold  their  offices  subject  to  removal  at 
his  discretion,  and  shall  conform  to  his  directions,  in  discharging 
their  duties  under  the  law  of  the  land  and  Ordinances  of  the  City. 

3.  And  be  it  further  Ordained,  That  the  said  Mayor  shall  exer- 
cise a  superintendance  and  control  over  the  Night  Watch,  and  that 
the  officers  and  privates  of  the  same,  shall  conform  to  his  directions 
in  discharging  their  duties. 

4.  And  be  it  further  Ordained,  That  the  said  Mayor  shall  receive 
as  a  compensation  for  his  services,  one  thousand  eight  hundred  dollars 
per  annum,  to  be  paid  quarterly  by  the   Chamberlain,  out  of  the 
funds  of  the  City;  and  that  he  be  authorised  to  draw  on  the  Cham- 
berlain for  a  sum  not  exceeding  fifteen  hundred  dollars,  to  be  paid 

quarterly  to  the  Deputies  of  Police.  N 

15 


114  Ordinances  of  the  City. 

5.  Jlnd  be  it  further  Ordained,  That  the  Recorder  and  Aldermeh 
shall  receive  as  a  compensation  for  their  services,    eight  hundred 
dollars  per  annum,  to  be  divided  amongst  them,  and  paid  quarterly 
by  the  Chamberlain  out  of  the  funds  of  the  City,  in  proportion  to 
the  number  of  days  which  they  shall  attend  in  the  Courts  holden  in 
the  City,  to  be   ascertained  by  the  certificate  of  the  Clerk  of  the 
Court. 

6.  And  be  it  further  Ordained,    That  there  shall  annually,  at 
the  stated  meeting  of  the  Hall  in  the  month  of  April,  or  as  soon  there- 
after as  possible,  be  appointed  by  the  Common  Hall,  one  fit  and  pro- 
per person  to  act  as  Basin  Master,  who  shall  hold  the  appointment  for 
the  period  of  twelve  months,  and  until  a  new  appointment  shall  be 
made.   It  sha.ll  be  the  duty  of  the  Basin  Master  for  the  time  being, 
(after  taking  an  oath  before  the  Court  of  Hustings,  faithfully  to  exe- 
cute, the   duties  of  his  office)  to  preserve  the  peace  and  quiet  of  that 
part  of  the  City  known  by  the  name  of  the  Basin;  and  also,  to  pre- 
serve good  order  at  and  about  so  much  of  the  James  River  Canal  as  is 
within  the  limits  of  the  City,   by  arresting  and  taking  before  a  Ma- 
gistrate, all  such  persons  as  may  be  riotous  or  disorderly;  to  prevent 
all  carcases  of  animals  and  other  filth  from  being  thrown  into  the 
Basin  or  Canal,  which  might  annoy  or  endanger  the  health  of  the 
inhabitants  residing  near  the  same,  and  to  abate  or  remove  every  kind 
of  nuisance  which  shall  be  found  in  or  about  the   Basin  or  Canal: 
and  every  free  person  refusing  to  obey  the  directions  of  the  Basin 
Master,  shall  be  liable  to  a  penalty  of  five  dollars,  to  be  recovered 
by  Warrant  before  any  Magistrate  of  this  City;  but  if  the  offender 
be  a  slave,  he  or  she  shall  receive  such  number  of  lashes  on  his  or  her 
bare  back,  not  exceeding  twenty,  as  the  Magistrate  may  direct. 

7.  <ftnd  be  it  further  Ordained,  That  if  any  owner  of  a  boat, 
shall  permit  the  same  to  float  at  large  in  the  Basin  or  Canal,  whether 
it  shall  be  filled  with  water  or  not,  he  or  she  shall  be  subject  to  a  fine 
of  two  dollars  for  every  twelve  hours  the  boat  shall  be  permitted  to 
float  at  large;  to  be  recovered  as  aforesaid,  before  any  Magistrate  of 
the  City. 

8.  Jlnd  be  it  further  Ordained,  That  any  person  or  persons  who 
shall  let  loose,  or  set  afloat  any  boat  in  the  Basin  or  Canal  which  shall 
have  been  made  fast,  shall  forfeit  and  pay  the  sum  of  six  dollars  and 
sixty-six  cents,  if  free,  and  if  a  slave,  shall  receive  twenty  lashes  upon 
conviction  before  any  Magistrate  of  this  City. 


Ordinances  of  the  City. 

9.  And  be  it  further  Ordained,  That  it  shall  be  the  duty  of  the 
Basin  Master  at  the  end  of  twenty-four  hours  after  such  boat  shall 
have  been  afloat,  if  the  boat  shall  not  be  claimed  within  that  time, 
and  the  fine  paid,  to  take  such  boat  into  his  safe  keeping,  and  after 
advertising  the  same  for  ten  days  at  the  Toll  House  of  the  James 
River  Company,  he  shall  proceed  to  sell  the  same  at  Public  Auction; 
the  proceeds  of  which  sale,  shall  be  applied  first,  to  the  payment  of 
the  said  fine,  and  the  expenses  of  safe  keeping  and  sale;  and  the  sur- 
plus if  any,  to  be  paid  into  the  hands  of  the  Chamberlain  of  the  City, 
and  shall  be  applied  to  the  use  of  the  Corporation,  unless  the  same 
be  claimed  by  the  proprietor  within  six  months  from  such  sale.  The 
Basin  Master  shall,  in  consideration  of  duties  herein  required  to  be 
performed  by  him,  receive  a  salary  of  one  hundred  dollars  per  annum, 
to  be  paid  quarter-yearly  by  the  Chamberlain  out  of  the  funds  of  the 
City. 

10.  Jlnd  be  it  further  Ordained,  That  it  shall  be  the  duty  of 
every  person  or  persons  employed  in  and  about  the  repairing  of  any 
roof,  parapet  wall,  or  chimney  of  any  house  or  houses,  situated  on  a 
Street,  Lane,  or  Alley  within  the  City,  to  place  such  sufficient  barrier 
or  barriers  as  effectually  to  warn  foot  passengers  against  passing  under 
the  roof,  wall,  or  chimney,  so  undergoing  repairs;  and  any  workman 
or  workmen  neglecting  the  provisions  of  this  Ordinance,  shall,  upon 
conviction  thereof  before  any  Magistrate  of  this  City,  forfeit  and  pay 
the  sum  of  six  dollars,  if  free,  and  if  a  slave,  shall,  upon  conviction 
thereof  in  like  manner,  receive  twenty  lashes. 

11.  Jind  be  it  further  Ordained,  That  if  any  person  or  person's 
shall  intentionally  roll  any  hogshead  or  hogsheads,  down  the  Basin 
bank  and  into  or  through  any  Street,  Square,  Lane  or  Alley  in  the 
City,  he  or  they  shall,  upon  conviction  before  any  Magistrate  of  the" 
said  City,  forfeit  and  pay  the  sum  of  six  dollars  and  sixty-six  cents,  if 
free,  and  if  a  slave,  shall  receive  twenty-five  lashes.    And  it  shall 
moreover  be  the  duty  of  the  Basin  Master,  or  any  Deputy  of  Police, 
upon  summons  issued  by  any  Magistrate  of  the  City,  if  the  person  or 
persons  so  offending  be  free,  and  if  otherwise,  upon  Warrant  issued 
in  like  manner,  to  arrest  any  person  or  persons  so  offending,  and  to 
take  them  before  a  Magistrate  that  they  may  he  proceeded  against 
according  to  the  provisions  of  +his  Ordinance,. 


116  Ordinances  of  the  City. 

12.  And  be.  it  further  Ordained,  That  no  person  shall  raise  or  fly 
any  Kite,  or  play  at  Ball,  Bandy,  Quoits,  or  throw  stones,  or  other 
missiles;  or  discharge  Arrows,  from  any  Bow  or  Cross-Bow,  in  any 
Lane,  Street,  Alley  or  Highway  within  the  City,  nor  throw  stones 
or  other  missiles,  nor  run  foot  races,  nor  play  at  any  sport  or  play 
whatsoever,  in  and  upon  the  Public  Square  of  the  same,  or  on  the 
Yard  of  the  City  Hall,  under  the .  penalty  of  three  dollars  for  each 
offence;  and,  if  the  offender  be  an  infant,  the  penalty  shall  be  paid  by 
his  or  her  parent,  master  or  guardian;  and,  if  the  offender  be  a  slave, 
he  shall  be  punished  by  stripes,  not  exceeding  fifteen  for  the  first 
offence,  and  twenty  for  the  second. 

13.  And  be.  it  further  Ordained,  That  it  shall  not  be  lawful- for 
any  person  or  persons  to  fire  or  discharge  any  Gun,  Pistol,  Fowling- 
Piece  or  Fire- Arms,  or.  to  .make  any  other  unusual  noise  within  the 
limits  of  this  City,  whereby  the  inhabitants  thereof  may  be  alarmed, 
except  in  cases  of  necessity  or  in  the  performance  of  some  public  and 
lawful  act  of  duty,  nor  to  discharge  or  set-off  any  Rocket,  Cracker, 
Torpedo,  Squib  or  Balloon,  containing  any  substance  in  a  state  of 
combustion,  or  other  Fire- works  within  the  said  City,  without  per- 
mission first  had  and  obtained  in  writing,  from  the  Mayor  of  the 
City,  under  the  penalty  of  six  dollars  and  sixty-six  cents  for  each 
offence,  if  free;  and  if  the  offender  be  an  infant,  the  penalty  shall  be 
paid  by  his,  or  her  parent,  master  or  guardian;  and  if  a  slave,  upon 
conviction  before  any  Magistrate  of  this  City,  shall  receive  twenty 
lashes.  Provided  always,  That  nothing  in  this  section  shall  be  con- 
strued to  extend  to  any  Military  exercises  or  reviews. 

14.  Jind  be  it  further  Ordained,  That  no  person  shall  sell  or 
expose  for  sale  in  this  City,  any  Crackers,  Squibs  or  Torpedoes,  or 
other  Fire-works  of  what  nature  or  description  soever,   except  in 
packages  containing  each,  at  least  one  thousand,  under  the  penalty  of 
five  dollars  for  each  offence. 

15.  And  be  if  further  Ordained,    That  whosoever  shall  burn, 
within  the  distance  of  two  hundred  feet  of  any  Dwelling  House, 
without  the  permission  of  the  owner  or  tenant  thereof,  any  Lime 
Kiln,  or  any  other  Kiln  in  the  City,  shall  forfeit  and  pay  six  dollars, 
for  every  hour  the  same  shall  be  burning;  to  be  recovered  with  costs, 
by  Warrant:  Provided  however,  That  nothing  herein  contained  shall 
be  construed,  to  prevent  any  person  or  persons,  from  burning  Bricks 
in  any  Kiln  or  Kilns  now  erected  in  this  City. 


Ordinances  of  the  City.  117 

16.  JLnd  be  it  further   Ordained,  That  upon  complaint  being 
made  to  any  City  Magistrate,  that  any  person  or  persons,  have  in 
their  house,  cellar,  or  lot,  any  putrid  water,  offensive  provisions,  or 
other  substances,  it  shall  be  lawful  for  the  said  Magistrate  to  issue 
his  Warrant  to  any  three  free-holders,  authorising  them  to  inspect  the 
house,  cellar,  or  lot,  of  such  person  or  persons,  and  if  on  inspection, 
it  shall  be  the  opinion  of  a  majority  of  the  said  free-holders,  that  the 
complaint  is  well  founded,  and  'the  person  or  persons,  shall  fail  to 
remove  the  nuisance  complained  of,  within  twenty-four  hours,  or  shall 
refuse  to  permit  the  said  free-holders  to  make  such  inspection,  he  or 
she  shall  forfeit  and  pay  six  dollars  and  sixty -six  cents  for  each  twenty- 
four  hours  the  same  shall  remain,  or  the  refusal,  continue  to  be  made.. 

17.  And  whereas  from  the  increased  population  of  the  City,  nui- 
sances have  occurred  and  may  occur  by  Necessary  Houses  being  placed 
in  such  situations  as  to  become  extremely  offensive  to  the  Citizens: 
J3e  it  therefore  Ordained,  That  on  complaint  being  made,  by  one  or 
more  inhabitants,  of  any  lot  or  neighbourhood,  before  any  Magistrate, 
of  the  existence  of  any  such  nuisance,  he  may  issue  a  Warrant  to  any 
three  free-holders  of  good  character,  authorising  them  to  inspect  the 
condition  of  such  necessary  house,  and  if  on  inspection,  it  shall  be 
the  opinion  of  a  majority  of  the  said  free-holders,  that  the  complaint 
is  well  founded,  and  the  owner  or  tenant  of  the  lot  whereon  the  said 
necessary  house  shall  be,  shall  fail  to  remove  the  nuisance  complained 
of  within  twenty-four  hours,  or  shall  refuse  to  permit  the  said  free- 
holders to  make  such  inspection,  he  or  she  shall  forfeit  and  pay  six 
dollars  and  sixty-six  cents,  for  each  twenty-four  hours  the  same  shall 
remain,  or  the  refusal,  continue  to  be  made-. 

18.  No  person  being  a  slave,  and  living  within  the  City,  shall  here- 
after, be  permitted  to  sell,  or  expose  for  sale,  within  the  same,  any 
Oysters,  Cakes,  Pies,  Fruits,  or  other  eatables,  or  provisions  whatever; 
and  every  slave  offending  herein,  in  case  his  or  her  owner,  doth  not 
reside  within  the  City,  shall  receive  such  a  number  of  stripes,  on  his 
or  her  bare  back,  as  a  Magistrate  shall  direct,  not  exceeding  ten,  for 
every  offence,  unless  he  or  she  or  some  other  person  for  him  or  her. 
shall  pay  clown  a  fine  of  two  dollars  for  the  said  offence;  and  in  case 
the  owner  of  the  slave  so  offending,  shall  reside  within  the  City,  and 
have  knowledge  of  the  offence,  he  or  she,  shall  pay  a  fine  of  three 
dollars  for  every  such  offence,  to  be  recovered  as  in  other  cases  of 
Anes;  and,  in  that  case,  the  slave  shall  be  exempt  from  the  punishment 
'before  provided. 


118  Ordinances  of  the  City. 

19.  Any  person  who  shall,  within  the  Streets,  Lanes,  or  Alleys  of 
the  City,  sell  or  expose  for  sale,  any  Oysters,  Cakes,  Fruits,  Pies,  or 
other  eatables  er  provisions,  (raw  Fish  excepted,)  without  a  license 
first  obtained  from  the  Mayor,  for  which  he  or  she  shall  pay  the 
Chamberlain  five  dollars  per  annum,  shall  forfeit,  for  the  benefit  of 
the  City,  the  article  or  articles  so  offered  for  sale,  if  the  same  be  not 
actually  sold,  and  in  case  of  sale,  shall  pay  a  fine  of  thrice  the  amount 
given,  or  agreed  to  be  given,  for  such  article  or  articles,  in  case  by 
that  sale  such  fine  shall  not  exceed  six  dollars  and  sixty-six  cents;  and 
where  at  that  rate  it  would  exceed  six  dollars  and  sixty-six  cents,  then 
that  sum  only  shall  be  imposed:  Provided  however^  That  nothing 
herein  contained,  shall  prevent  Country  people,  at  such  times  as  the 
Public  Market  may  not  be  open,  from  offering  for  sale,  or  selling  in 
the  Streets,  Lanes,  or  Alleys,  any  fruit  or  raw  provisions,  or  from 
selling  therein  from  their  Carts,  Oysters,  at  any  time,  nor  to  prohibit 
any  person  at  such  limes,  from  selling  culinary  vegetables. 

20.  That  no  person  or  persons  whatsoever,  shall,  in  future,  be  per- 
mitted to  carry  on  the  business  or  calling  of  Soap  Boiler  or  Tallow 
Chandler,  within  the  bounds  of  the  City  of  Richmond,  without  per- 
mission first  had  and  obtained  from  the  Common  Hall,  which  may  be 
revoked  at  any  time;  and  any  person  or  persons  who  shall  carry  on 
the  business  or  calling  of  either  of  those  occupations,  without  such 
permission,  shall  forfeit  and  pay  six  dollars  and  sixty-six  cents,  for 
every  twenty -four  hours  that  he  or  they  shall  be  so  employed. 

21.  rfnd  be  it  further  Ordained,  That  it  shall  be  the  duty  of  the 
Mayor,  at  least  thrice  in  each  week,  to  explore,  in  person,  with  one 
of  the  Deputies  of  Police,  and  as  much  oftener  as  may  be  practicable, 
and  one  of  the  said  Deputies  on  each  day,  all  the  Streets,  Lanes,  and 
Alleys,  within  this  City,  and  to  give  information  and  prosecute  for 
the  penalties  incurred  by  the  infraction  of  all  Ordinances  or  Laws 
which  now  are,  or  may  hereafter  be  in  force;  and  to  endeavour  by  all 
legal  means,  to  enforce  the  same,  and   to  restrain  the  practice  of 
negroes  going  at  large;  to  carry  into  effect,  the  several  Acts  of  the 
General  Assembly  of  Virginia,  concerning  Free  Negroes  and  Mulat- 
toes,  and  such  other  Acts  as  in  any  wise  relate  to  the  Police  of  this 
City.   To  do  and  perform  such  duties  for  preserving  peace  and  good 
order,  especially  on  Sundays;  and  enforcing  all  Police  Regulations,  as 
now  are,  or  may  hereafter  be  directed  by  any  Ordinance  passed  by 
the  Common  Hall  of  this  City:  and  daily,  on  each  morning,  to  attend 


Ordinances  of  the  City.  119 

stt  the  City  Cage  and  direct  the  punishment  or  discharge  of  such  per- 
sons as  may  be  there  confined,  and  in  relation  to  whose  cases  he  may 
be  authorised  to  decide  finally.  And  it  shall  be  the  duty  of  one  of  the 
Deputies  of  Police,  to  attend  every  meeting  of  the  Common  Hall: 
Provided,  nothing  herein  contained,  shall  be  so  construed  as  to 
exempt  the  Basin  Master  from  performing  the  duties  required  of  him. 

22.  tflnd  be  it  further  Ordained,  That  the  Mayor  shall  have  the 
power,  to  appoint  sixteen  able  bodied  and  discreet  men,  who  shall 
reside  within  the  City,  to  act  as  Night  Watch,  under  the  regulations 
and  restrictions  hereinafter  prescribed.    Each  Watchman  so  appoint- 
ed, shall  be  entitled  to  receive  for  his  services,  eighty-seven  and  a 
half  cents  per  night,  payable  monthly,  by  the  Chamberlain,  as  is 
hereinafter  directed ;  and  an  allowance  equal  to  half  the  amount  stipu- 
lated to  be  paid  as  aforesaid  to  the  members  of  the  Watch,  shall  be 
made  to  each  of  the  said  Watchmen  when  prevented  from  doing  duty 
by  sickness:  provided,  that  such  allowance  shall  not  be  extended  be- 
yond  one  month,  nor  shall  it  be  made  unless  such  sickness  is  shown 
by  the  certificate  of  some  practising  Physician.    The  number  of  the 
Night  Watch  may  be  increased  not  exceeding  twenty  by  the  Mayor, 
whensoever  in  his  opinion  it  may  be  necessary  to  do  so:  Provided, 
That  the  Mayor  shall  forthwith  report  the  extent  of  such  increase 
and  the  causes  therefor,  and  the  same  shall  not  continue  longer  than 
one  month  without  the  approbation  of  the  Hall. 

23.  Jlnd  be  it  further  Ordained,  That  the  Common  Hall  shall 
hereafter  annually,  at  their  Stated  Meeting  in  the  month  of  May, 
appoint  two  fit  and  proper  persons  to  act  as  First  and  Second  Officers 
of  the  Night  Watch,  to  be  paid  monthly;  who,  before  they  enter  upon 
the  duties  of  their  office,  shall'take  an  oath  before  the  Mayor,  or  some 
other  Magistrate  of  the  City,  faithfully  to  execute  the  duties  of  their 
office;  the  certificate  of  which  oath,  shall  be  filed  with  the  Clerk  of 
the  Common  Hall. 

24.  And  be  it  further  Ordained,  That  the  Officers  of  the  Night 
Watch  shall  receive  the  following  salaries,  to  wit:  the  First  Officer 
shall  receive  six  hundred  dollars  per  annum  payable  as  aforesaid,  and 
the  Second  Officer  five  hundred  dollars,  per  annum  payable  in 
manner. 


120  Ordinances  of  the  City. 

25.  Jlnd  be  it  further  Ordained,  That  the  Mayor  shall  divide  the 
City  into  so  many  Watch  Districts  as  he  may  think  best,  from  time 
to  time;  the  First  Officer  of  the  Watch,  shall  allot  the  Watchmen  to 
such  districts  by  his  order,  in  writing,  and  he  shall  keep  a  book  con- 
taining a  description  of  the  districts,  and  enter  therein,  each  night 
when  he  sets  the  Watcb,  the  names  of  the  Watchmen  allotted  to  each 
district,  note  the  absentees,  hire  substitutes  for  those  who  may  be 
absent,  grant  furloughs,   (subject  to  the  control  of  the  Mayor,)   call 
the  roll,  and  set  the  Watch,  keep  the  key  of  the  Watch-House  during 
the  day,  and  make  return  of  his  proceedings  (each. succeeding  night 
on  which  he  shall  be  on  duty)   to  the  Mayor.   The  First  Officer  shall 
be  considered   on  duty  each  alternate   night,  and  shall  see  that  the 
Watchmen  perform  the  duty  required  of  them,  by  this  or  any  other 
Ordinance  of  the  Common  Hall,  and  shall  occasionally  take  the  rounds 
through  the  City,  or  such  part  thereof,  as  he  can  during  Watch  hours, 
and  note  such  Watchman  or  Watchmen,  as  shall  be  remiss  in  his  or 
their  duty.  The  Second  Officer  shall  be  considered  on  duty  each  night 
succeeding  the  one  upon  which-  the  First  Officer  shall  have  been  upon 
duty,  and  with  the  exception  of  calling  the  roll,  setting  the  Watch, 
hiring  of  substitutes,  and  granting  furloughs,   shall  perform  the  same 
duties,  and  have  the  same  powers  and  authority  as  are  herein  allotted 
and  prescribed  to  the  said  First  Officer.   And  it  shall  moreover  be  the 
duty   of  the  said  Second  Officer,    whenever  his  presence  shall  be 
required  by  the   First  Officer,  on  extraordinary  occasions,  although 
it  shall  not  happen  to  be  his  regular  night,  to  give  his  personal  attend- 
ance.  In  case  of  absence  of  the  said   Second  Officer,  occasioned  by 
sickness  or   other  disability,  the  First  Officer  shall  have  power,  and 
is  hereby  authorised  to   employ  a  substitute,   (to  be  approved  by  the 
Mayor,)  who  shall  perform  the  duties  of  the  Second  Officer.   The 
First  and  Second  Officers  may  be  removed  for  misconduct,  from 
office,  by  the  Mayor;  such  removal  being  approved  by  the  Common 
Hall.  And  any  Watchman  or  Watchmen  who  shall  be  guilty  of  dis- 
obedience or  misbehaviour,  shall  be  removable   at  the  discretion   of 
the  First  Officer. 

26.  This  Ordinance  sjiall  commence  and  be  in  force,  from  and  after 
the  passing  thereof. 


Ordinances  of  the  City.  121 

CHAP.  XXVIL 

An  Ordinance,  to  amend  an  Ordinance,  entitled,  "  Jin  Ordi- 
nance reducing  into  one,  the  several  Ordinances  for  e^w- 
lating  the  Public  Markets  in  the  City  of  Richmond." 

[Passed  June  14,    1830.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond  in  Common  Hall  assembled,  and  it  is 
hereby  ordained  by  the  authority  of  the  s.ame,  That  the  twenty-first 
section  of  the  Ordinance  reducing  into  one  the  several  Ordinances  for 
regulating  the  Public  Markets  in  the  City  of  Richmond,  passed 
August  24th,  1829,  (a)  be  and  the  same  is  hereby  repealed. 

2.  Be  it  further  Ordained,  That  the  Clerk  of  the  Old  Market 
(b),  shall  have  power  to  contract  with  some  proper  person  to  water, 
sweep  and  clean  the  said  Market-house,  and  the  Streets  and  Alley 
adjoining;  to  keep  the  Lamps  in  said  Market  in  order,  and  to  light 
them  at  such  times,  as  he  may  be  required;  and  also,  to  white-wash 
the  inside  of  the  Market-house,  twice  a  year,  under  the  direction  of 
the  Committee  of  Markets,  who  shall  have  power  to  draw  on  the 
Chamberlain,  quarterly,  for  two  hundred  dollars  per  annum,  for  his 
services;  provided,  they  are  satisfied  the  duties  have  been  faithfully 
performed. 

3.  Be  it  further  Ordained,  That  the  person  employed  by  the 
Clerk  of  the  Shockoe  Hill  Market,  to  sweep,  keep  clean  and  White- 
wash that  Market,  shall,  in  lieu  of  the  allowance  now  authorised,  be 
entitled  to  receive  the  sum  of  seventy-five  dollars. 

(a)  See  Ante,  p.  110.   (b)  The  Market,  on  E  and  17th  Streets, 


CHAP.    XXVIII. 
An  Ordinance,  prescribing  the  time  for  paying  the  Salary  of 

the  City  Assessor. 
[Passed  June  14,    1S30.J 

1.  BE  it  Ordained  by  the  President  and  Members  of  the  Common 
Council  of  the  City  of  Richmond  i?i  Common  Hall  assembled, 
and  it  is  hereby  ordained  by  the,  authority  of  the  same.  That  the 

Salary  allowed  to  the  City  •Assessor,   shall  be  poH  ?*  b>  in  *\s 
16 


122  Ordinances  of  the  City. 

following  manner:  one  moiety  on  the  first  day  of  July,  and  the  other 
moiety  on  the  first  day  of  January,  in  each  year.  Provided  however, 
That  no  part  of  the  said  salary  shall  be  paid  to  the  said  Assessor, 
until  all  the  duties  of  his  office  for  the  current  year,  shall  have  been 
completely  performed,  and  the  same  certified  by  the  Chamberlain. 

2.  All  Ordinances  and  parts  of  Ordinances  coming  within  the  pur- 
view of  this  Ordinance,  shall  be  and  the  same  are  hereby  repealed. 

• 

3.  This  Ordinance  shall  commence  and  be  in  force,  from  and  after 
the  passing  thereof,  (a) 


CHAP.  XXIX. 

An  Ordinance,  to  prevent  Swine,  Dogs,  and  Goats  running 
at:  large  in  the  City  of  Richmond. 

[Passed  June  25,  1830.*] 

1.  BE  it  Ordained  *by  the  President  and  Common  Council  of 
the  City  of  Richmond  in   Common  Hall  assembled,  and  it  is 
hereby  ordained  by  the  authority  of  the  same,  That  it  shall  not  be 
lawful    for  any  hogs,    shoats  or  pigs,    dogs  or  bitches,  to  go  or 
run  at  large  in  any  Street,  Lane,  Alley  or  uninclosed  place  or  lot, 
within  the  City  of  Richmond,  except  in  the  manner  and  under  the 
restrictions  hereinafter  provided. 

2.  And  be  it  further  Ordained,  That  every  hog,  shoat,  or  pig, 
which  shall  be  found  at  large  in  any  street,  lane,  alley  or  uninclosed 
place  or  lot  withing  the  City,  shall  be  deemed  forfeited  to  the  use  of 
the  Corporation  of  said  City. 

3.  Jlnd  be  it  further  Ordained,  That  it  shall  be  the  duty  of  the 
Mayor,  to  cause  to  be  taken  up  and  secured,  every  hog,  shoat,  and 
pig,  dog  or  bitch,  that  may  be  found  at  large  contrary  to  the  provi- 
sions of  this  Ordinance,  in  any  street,  lane,  alley  or  uninclosed  place 
or  lot  within  the  City.   And  in  order  to  carry  into  full  effect,  the  pro- 
visions of  this  section,  it  shall  be  the  duty  of  the  Mayor,  to  direct 

fn)  See  AntB,  p.  69.  sec.  5.        *  See  rfnfe,  p.  r>. 


Ordinances  of  the  City.  123 

six  of  the  City  carts  and  horses,  and  as  many  of  the  City  hands  as 
he  may  deem  necessary,  furnished  with  the  proper  fixtures  and  appa- 
ratus, at  least  twice  in  every  month,  to  proceed  through  each  Ward 
of  the  City,  two  carts  at  the  least  being  in  each  Ward  at  the  same 
time;  and  to  take  up  and  secure  every  hog,  shoat  or  pig,  dog  or 
bitch,  found  running  at  large  unlawfully  within  the  City,  to  be  dis- 
posed of  in  the  manner  hereinafter  prescribed. 

/ 

4.  And  be  it  further  Ordained,  That  it  shall  be  the  duty  of  one 
of  the  Deputies  of  Police  to  accompany  the  said  carts  in  each  Ward ; 
and,  if  any  person  or  persons,  shall  attempt  to  rescue  any  hog,  shoat 
or  pig,  or  any  dog  or  bitch  going  at  large,  contrary  to  the  provisions 
of  this  Ordinance,  after  the  same  shall  have  been  taken  up,  or  shal} 
obstruct  or  endeavour  to  obstruct,  drive  away,  or  prevent  the  arrest 
thereof,  he,  she,  or  they  so  offending,  shall  forfeit  and  pay  the  sum 
of  two  dollars  if  free,  to  be  recovered  by  Warrant  before  the  Mayor, 
Recorder  or  any  Alderman  of  the  said  City,  and  if  a  slave,  shall, 
upon  conviction,  receive  ten  lashes,  unless  some  one  for  him  or  her 
will  pay  the  fine  aforesaid.  * 

5.  And  be  it  further  Ordained,  That  it  shall  be  the  duty  of  the 
Mayor,  to  cause  to  be  sold  at  Auction  to  the  highest  bidder,  at  the 
Market  House  on  E  and  17th  Streets,  during  Market  hours,  on  the 
morning  succeeding  their  apprehension,  every  hog,  shoat  and  pig, 
that  shall  be  taken  up  and  3ecured  in  pursuance  of  this  Ordinance^ 
and  the  nett  proceeds  of  sale  (after  deducting  the  necessary  expenses 
attendant  on  the  execution  hereof)  shall  be  paid  to  the  Chamberlain 
for  the  use  of  the  City. 


*An  Act,  providing  against  the  mischief  of  Mad  Dogs. 
[Passed  January  20,   1829.] 

1.  BE  it  enacted  by  the  General  Assembly,  That  any  Magistrate, 
having  sufficient  proof  that  any  dog  has  been  bitten  by  a  mad  dog, 
may,   and  he  is  hereby  required  to  order  the  same  to  be  killed  by  a 
Constable,   or  any  other  person:  and,   if  the  owner  of  any  such  dog 
or  dogs,  shall  conceal  the  same,  or  cause  the  same  to  be  concealed,  so 
that  the  order  of  the  Magistrate  cannot  be  executed,  such  owner  shall 
be  liable  to  a  fine  of  two  dollars  on  each  dog,  for  every  day  such  dog 
or  dogs  shall  remain  concealed;  which  fine  shall  he  recovered  by  War- 
rant before  a  Magistrate,  and  applied  to  lessening  the  County  levy. 

2.  This  act  shall  commence  and  be  in   force  from  and  after  the 
passing  thereof. 


124  Ordinances  of  the  City. 

6.  And  be  it  Ordained  by  the  authority  aforesaid,  That  it  shall 
Bot  be  lawful  for  any  person  to  permit  his  or  her  dog  or  bitch,  to  go 
at  large  within  the  public  streets  and  alleys  of  this  City,  at  any  time 
between  sun-rise  and  nine  o'clock  at  night,  unless  the  same  shall  have 
a  collar  round  its  neck  with  the  name  and  residence  of  the  owner 
inscribed  on  it,  and   also,  be  accompanied  by  the  owner  thereof,  by 
his  or  her  servant,  or  by  some  person  authorised  by  him  or  her. 

7.  And  be  it  further  Ordained,  That  if  any  person  shall  permit 
his  or  her  dog  or  bitch  to  go  at  large,  unless  as  aforesaid,  he  or  she 
shall  forfeit  and  pay  for  every  such  offence,  two  dollars,  to   be  reco- 
vered by  Warrant  before  the  Mayor,  Recorder  or  any  Alderman  of 
this  City:  Provided  however,  That  if  in  any  case,  it  shall  appear 
that  such  dog  or  bitch  going  at  large,  was   accidental  and  without 
the  default  of  the  master,  no  fine  shall  be  inflicted. 

8.  And  be,  it  further  Ordained,  That  every  dog  or  bitch,  found 
at  large,  unless  as  above  prescribed,  or  unless  redeemed  as  is  herein- 
after directed,  shall,  after  being  secured  as  aforesaid,  be  conveyed, 
under  the  direction  of  the  Deputy  or  Deputies  of  Police  accompany- 
ing the  same,  to  some  place,  at  least  five  hundred  yards  beyond  the 
boundaries  of  the  City,  and  there  put  to  death  and  buried. 

9.  And  be  it  further  Ordained,  That  every  owner  of  a  dog  or 
bitch  within  this  City,  shall   put  on  the  neck  of  such  dog  or  bitch 
within  thirteen  days  from  the  passage   of  this  Ordinance,  a  collar 
with  the  owner's  name,  and  the  street  in  which  he  lives  plainly 
inscribed  thereon.  And  if  any  dog  or  bitch,  on  which  a  collar  shall 
be  placed  as  aforesaid,  shall  be  taken  going  at  large  as  aforesaid,  and 
the  owner  thereof  shall  be  desirous  to  redeem  such  dog  or  bitch,  he 
ghall  be  allowed  to  do  so,  upon  paying  to  the  Mayor,  or  one  of  the 
Deputies  of  Police,  one  dollar.   And   if  the  owner   of  any  dog  or 
bitch,  not  having  a  collar  as  aforesaid,  and  which  shall  be  taken 
going  at  large  as  aforesaid,  shall  be  desirous  to  redeem  the  same,  he 
or  she  shall  be  permitted  to  do  so,  by  paying  to  the  Mayor  or  one 
of  the  Deputies  of  Police,  two  dollars.   Provided  always,  That  no 
dog  or  bitch  so  taken  as  aforesaid,  shall  be  redeemable  except  at  the 
place  to  which  it  was  intended  to  be   taken  for  execution,   (those 
belonging  to  strangers  excepted:)  nor  shall  any  execution  take  place 
until  after  sun-set  of  each  day.  on  which  the  said  dogs  or  bitches  shall 
bo  apprehended. 


Ordinances  of  the  City.  125 

10.  And  be  it  further  Ordained,  That  whenever  any  fine  or 
forfeiture  shall  be  incurred  by  the  going  at  large,  of  any  dog  or 
bitch  as  aforesaid,  the  occupier  of  the  tenement  to  which  such  dog 
or  bitch  shall  belong,  or  which  it  shall  frequent,  shall  be  deemed 
and  considered  the  owner  of  such  dog  or  bitch  within  the  meaning 
of  this  Ordinance. 

11.  And  be  it  further  Ordained,  That  nothing  in  this  Ordinance 
contained,  shall  be  construed  to  prevent  any  owner  of  a   dog  or 
bitchy  from  carrying  the  same  through  the  public  streets  and  alleys, 
in  going  from,  passing  through,  or  returning  to  the  City:  and  that 
no  stranger  visiting  this  City  with  his  or  her  dog  or  bitch,  shall  be 
subject  to  the  foregoing  penalties  of  this  Ordinance,  for  two  days 
after  his  or  her  arrival. 

12.  And  be  it  Ordained  by  the  authority  aforesaid,  That  the 
Mayor  be  and  he  is  hereby  authorised,  empowered  and  required,  to 
employ  at  the  expense  of  the  City,  suitable  persons  to  entrap  and 
impound  all  goats  or  kids  which  may  be  found  going  at  large  within 
the  limits  of  this  City,  and   cause  the  same  to  be  sold,  as  is  herein 
before  directed  concerning  hogs,  shoats  and  pigs,  found  at  large. 

1 3.  And  be  it  further  Ordained,  That  all  fines  and  forfeitures 
and  all  monies  received  under  the  provisions  of  this  Ordinance,  shall 
be  paid  by  the  Mayor  to  the  Chamberlain,  for  the  use  of  the  City. 
And  the  Mayor  is  hereby  authorised  to  draw  on  the  Chamberlain, 
for  all  such  sums  as  shall  be  necessary  in  the  execution  of  the  duties 
hereby  imposed  on  him. 

14.  And   it   shall   moreover   be   lawful   for   the   different   Police 
Officers,  at  all  times,  other  than  those  hereby  appointed,  to  arrest 
all  such  hogs,  shoats  or  pigs,  dogs,  bitches,  goats  or  kids,  subject 
to  the  regulations  contained   in  this  Ordinance;  and  for  every  hog, 
shoat  or  pig,  dog,  bitch,  goal  or  kidy  so  taken,  the  Officer  shall 
receive  fifty  cents,  to  be  paid  from  the  fund  produced  by  the  fines 
inflicted  by  this  Ordinance. 

15.  All   Ordinances   and   parts  of   Ordinances   coming   with   the 
purview   of    this   Ordinance,     shall   be   and   the   same   are   hereby 
repealed. 

1G.   This  Ordinance  shall  commence  and  be  in  force  from  and  after 
thft.  passing  thereof, 


126  Ordinances  of  the  City. 

CHAP.  XXX. 

Jin  Ordinance,  amending  an  Ordinance,  entitled,  "Jin 
Ordinance,  concerning  Theatres  and  Public  Shows  and 
Exhibitions,  within  the  City  of  Richmond."  (a) 

[Passed  December  13,   1830.] 

1.  BE  it  Ordained  by  the.  President  and  Common  Council  of 
the  City  of  Richmond,  and  it  is  hereby  Ordained  by  the  authority 
of  the  same,  That  hereafter,  no  tax  shall  be  paid  for  a  license  to 
exhibit  any  Painting  or  Sculpture,  or  any  model  illustrating  any 
useful  or  valuable  invention  or  improvement  in  Mechanics,  Manufac- 
tures, Agriculture  and  the  like.  Provided,  however,  That  if  any 
person  or  persons  shall,  under  any  pretext  whatever,  for  his,  her  or 
their  gain,  exhibit  any  thing  not  strictly  connected  with  the  Fine 
Arts,  or  with  the  purposes  hereinbefore  specified,  such  person  or 
persons  shall,  upon  conviction  thereof  before  the  Mayor  or  any 
Alderman  of  the  said  City,  be  liable  to  pay  a  fine  of  six  dollars  and 
sixty-six  cents  for  every  day  or  night  he,  she  or  they  shall  have  exhi- 
bited the  same,  contrary  to  the  provisions  of  this  Ordinance:  »4nd 
provided  moreover,  That  all  the  other  provisions  of  the  said  Ordi- 
nance concerning  Theatres,  Public  Shows  and  Exhibitions  within 
the  City  of  Richmond,  shall  remain  and  be  in  force,  to  all  intents 
and  purposes,  as  if  this  Ordinance  had  not  been  passed. 

2.  Be  it  further  Ordained,  That  nothing  in  the  foregoing  section 
contained,  shall  be  construed  to  supersede  the  necessity  of  any  person 
or  persons  obtaining  from  the  Mayor  a  license  to  exhibit  any  Painting 
or  Sculpture,  or  any  model  illustrating  any  useful  or  valuable  inven- 
tion or  improvement  as  aforesaid,  which  license  shall  be  issued  by 
the  Chamberlain. 

3.  This  Ordinance  shall  commence  and  be  in  force,  from  and  after 
the  passage  thereof. 

fa)  Jlnte,  pp.  75.  76. 


Ordinances  of  the  City.  127 

CHAP.  XXXI. 

An  Ordinance,  regulating  the  storage  of  Quick- lime  within 
the  City  of  Richmond. 

[Passed  January  10,   1831.] 

1.  BE  it  Ordained  by  the  President  and  Common  Council  of 
the  City  of  Richmond  in  Common  Hall  assembled,    and  it  is 
hereby  Ordained  by  the  authority  of  the  same,  That  it  shall  not 
hereafter  be  allowed  to  any  person  to  store  any  Quick-lime  in  any 
house  or  shed  which  shall  be  within  one  hundred  feet  of  any  house 
within  this  City,  until  he,   she  or  they  shall  have  first  obtained  a 
written  permission  to  that  effect  from  the  Mayor,  whose  duty  it  shall 
be  to  issue  a  Warrant  under  his  hand  and  seal,    directed  to  three 
respectable  and  discreet  freeholders  of  said  City,  to  examine  the 
premises,  and  to  refuse  his  permission  if  they  shall  deem  it  dangerous 
to  grant  the  same;  and  if  any  person  or  persons  shall  deposit  or  store 
any  Quick-lime  contrary  to  the  provisions  of  this  Ordinance,  he,  she 
or  they  shall  be  liable  to  pay  a  fine  not  exceeding  six  dollars  and 
sixty-six  cents,  and  also,  a  sum  not  exceeding  two  dollars  for  each 
hour  the  same  shall  continue  so  stored. 

2.  Jlnd  be  it  further  Ordained,  That  upon  complaint  being  made 
'  to  the  Mayor  that  any  lime  has  already  been  stored  contrary  to  the 

provisions  of  this  Ordinance,  he  shall  issue  a  Warrant  as  aforesaid, 
directed  to  three  respectable  and  discreet  freeholders  of  said  City,  to 
examine  the  premises;  and,  if  in  their  opinion,  its  continuance  will 
S  be  attended  with  danger,  it  shall  be  the  duty  of  the  Mayor  to  give 
notice  to  the  proprietor  or  proprietors,  occupant  or  occupants  of  the 
building,  to  remove  the  said  lime,  which  notice  shall  be  in  writing; 
and,  upon  the  failure  of  such  proprietor  or  proprietors,  occupant  or 
occupants,  to  remove  the  same  within  twenty-four  hours,  he,  she  or 
they  shall  be  liable  to  pay  a  fine  of  six  dollars  and  sixty-six  cents, 
and  also,  a  sum  not  exceeding  two  dollars  for  each  hour  it  shall  remain 
thereafter.  The  fines  imposed  by  this  Ordinance,  shall  be  recoverable 
by  Warrant  before  the  Mayor,  Recorder  or  any  Alderman  of  this 
City,  in  like  manner  as  other  fines  arc  recovered  for  infractions  of 
the  Ordinances  of  this  City. 

3.  This  Ordinance  shall  be  in  force  from  and  after  the  passage 
thereof. 


INDEX. 


A. 


Page. 


AD  QUOD  DAMNUM. 

Writ  of— to  be  issued  by  the  Clerk  of 
the  County  Court  of  Henrico,  on 
request  of  the  Directors  of  Public 
Buildings,  &c.  78 

See  Streets,  and  26 

ALDEHMEN. 

Who  eligible,  12 

How,  and  by  whom  elected,  12 

Their  number,       ,  12  15  22  29 

Jurisdiction  of,  14  15  21 

Vacancy,  how  supplied,  13 

ARROWS. 

Not  to  be  discharged  from  any  Bow, 
in  the  streets,  116 

ASSEMBLY,  GENERAL 
When  first  held  in  the  Town  of  Rich- 
mond, 9 
See  Representative. 

ASSESSOR. 

When  and  by  whom  appointed,  66 

Bond,  and  Qualification,  66  67 

Salary  of,  71  121 

When  and  by  whom  Bond  may  be 

put  in  suit,  76 

Duties  of,  67  68  69 

To  make  a  list  annually  of  the  Tax 
on  Houses  and  Lots,  in  the  City, — 
whether  improved  or  not — and 
enter  it  in  a  book,  67 

Each  Lot  or  part  of  a  Lot,  to  be  en- 
tered separately — with  the  num- 
ber, quantity,  and  value  of  ground 
and  improvements;  name  of  own- 
er, his  residence  and  amount  of 
Taxes,  67 

Alterations,  of  ownership,  value, 
improvements,  title,  to  be  notic- 
ed, 76 
Errors  in  entries  or  descriptions  of 
the  preceding  years,  to  be  cor- 
rected ; — but  no  transfer  of  any 
Lot,  heretofore  correctly  charg- 
ed, shall  be  made,  but  on  record 
evidence,  68 
A.  List  of  Taxable  Personal  Pro- 
perty of  residents,  to  be  annual- 
ly taken, — distinguishing  each 
species, — with  the  amount  of 
Tax,  separately,  and  in  the  ag- 
gregate, 67 
!n  taking  Lists  of  Real  and  Per- 
sonal rroperty. — how  to  pro- 
Cffd,  67  68  69 


Page, 

Owners,  and  agents  of  non-residents, 
to  state  on  oath  the  accuracy  of 
Lists,  or  in  what  they  are  defective,  67  68 
Penalty  on  failure  to  do  so,  68 

Duty  of  Assessor,  on  such  failure,  68 
Lots  of  Decedents  to  be  charged  to 
their  Estates — and  their  Personal 
property  liable  for  Taxes  thereon, 
until  regular  transfers  made  to  Heirs 
or  Devisees,  68 

Assessor,  to  enter  his  own  propertv, 

and  that  for  which  he  is  liable,     '       71 
Assessor,  as   soon  after  the    1st  of 
March,  in  every  year,  as  practica- 
ble— to  call  on  every  person  charge- 
able with  any  Tax,  for  a  written  list 
of  the  subjects — to  be  authentica- 
ted by  the  oath  of  the  furnisher,  68  69 
Oath  to  be  administered  by  Assessor,     69 
Penalty  on  failure  to  furnish  such  list 

— or  to  authenticate  it  by  oath,          69 
In  case  of  such  failure,  how  Assessor 

to  proceed,  69 

Two  fair  copies  of  Lists  to  be  furnish- 
ed to  the  Chamberlain,  on  or  before 
the  1st  July— one  for  the  Hall,  and 
the  other  for  the.  Collector,  69 

The  Assessor  to  be  regulated  in  the 
manner  of  performing  his  duties,  as 
nearly  as  practicable,  by  that  pre- 
scribed by  Act,   6th  March,  1819, 
to  the  Commissioner  of  the  Reve- 
nue, (39 
Assessor,    when    not  also   Commis- 
sioner of  the  Revenue,  to  obtain 
from  the  Clerk's  of  Hustings  and 
County  Courts,  lists  of  Deeds,  Wills, 
&c.  recorded  within  the  preceding1 
}rear,                                                 '    7J. 
Expenses — how  defrayed,                        71 
Errors  of  Assessor,  when  and  how  rec- 
tified,                                                   ($ 
See  Equalizers. 

Ordinaries  and  Houses  of  Private  En- 
tertainment,— yearly  rent  thereof^ 
to  be  ascertained  and  returned  by 
Assessor,  in  his  List  of  Taxable 
Lots,  70 

Rent  of,  how  ascertained,  70 

Buildings,  number  of, — erected  with- 
in the  preceding  year— their  mate- 
rials, height,  uses,  &c.  to  be  ascer- 
tained and  returned,  '  70  71 

General  regulations— to  be  pursued  in 
preparing  stud  Listsj  71 


130 


Index. 


.Page. 

Pavements—- a  statement  of  the  costs 
of,  and  tax  thereon,  &c.  to  be  report- 
ed  by  Assessor  to  the  Equalizers,  71 

See  Equalizera. 

ATTORNEY  OF  THE  CITY. 

Salary  of,  63 

AUCTIONEERS. 

By  whom  licensed,  and  under  what 
terms, 

License — how  obtained,  and  term  of,     81 

General  License  for  the  sale  of  Real 
and  Personal  estate — on  what  terms 
granted,  82 

Special  License,  for  the  sale  of  Lands 
and  Slaves,  82 

For  the  sale  of  Public  Stock.  83 

Clerk's  Fees,  82  83 

Penalty  on  selling"  without  License,        83 

Sales  of  Sheriffs,  and  other  Public  Of- 
ficers,—by  Executors,  Trustees,  &c. 
not  affected  by  this  Ordinance,  84 

Auctioneers, exempted  from  Merchant 
Tax,  83  84 

Bell  or  Herald  to  notify  to  the  Public 
the  time  and  place  of  sale, — when 
hiay  be  used,  83 

Beturns  of  Auctioneers  to  be  made  on 
oath,  '  82  83 


B. 


BALL. 

Playing  at,  in  Streets,  prohibited,         116 

BALLOONS. 

Not  to  be  set  off,  without  permission 
in  writing-,  &c.  116 

BANDY. 
playing  at,  in  Streets,  prohibited,        116 

BASIN-MASTER. 

By  whom,  and  when  appointed,  11 

Term*  &c..  114 

Oath  of  office,  114 

Salary,  115 

Duties  and  authority  of,  114  115 

Boats  not  to  float  at  large  in  Basin,       11 
Penalty  on  setting  afloat,  boats  made 

fast,  114 

Boats  afloat,  to  be  secured  by  Basin- 
Master,  and  disposed  of,  115 

BOUNDARIES  OF  THE  CITY. 
Ascertained,  20  27 

Coutts'  Addition  and  Watson's  Tene- 
ment to  be  taken  as  part  of  the  City,     20 
Commissioners  appointed  by  the  Exe- 
cutive, to  ascertain  and  establish,        27 
Lots — how  owners  may  have  them  in- 
cluded within  City  Boundary,  27 
Streets,  to  be  extended  to  the  Boun- 
dary line— and  the  dividing  lines  of 
fixe  Wards,     ,                                   28 

'    BRAN. 

To  be  sold  and  bought  by  weight,          52 
weight  of  bushel.  53 


fare. 
BREAD. 

Assize  of—sole  power  of  establishing, 
vested  in  Hustings  Court,  14 

Loaf-bread  exposed  for  sale,  to  be  sold 
by  avoirdupois  weight,  101 

To  be  made  of  good  and  wholesome 
flour  or  meal,  101 

Weight  of  Loaves,  101 

Loaves  to  be  stamped  with  the  initials' 
of  the  makers  name,  and  the  figures 
designating  the  weight  of  each  loaf,  101 

Penalty  on  selling  or  exposing  for 
sale,  bread,  without  stamp,  or  false- 
ly stamped,  101 

Or  bread  made  of  unwholesome  flour 
or  meal — or  containing  alum  or  any 
other  unwholesome  ingredient,  101 

Penalties,  how  recovered,  101 

BRICK-KILNS. 

How  regulated,  116 

BRIDGE  over  Shockce  Creek. 

Corporation  authorized  to  raise  mo- 
ney by  Lottery  to  erect  a  stone 
bridge  over,  16 

BUILDING  MATERIALS. 

Obstruction  to  Streets   by,  how  re- 
gulated, 44 
BUILDINGS,  Reparation  of. 

Precautions  to  be  taken  to  warn  foot 
passengers  against  passing  under 
the  roof,  chimney,  &c.  of  buildings 
undergoing  repairs,  115 

BUILDINGS,  Public. 

Ground  appropriated  for,  6 

Location  of,  9  27- 

See  Directors  of  Public  Buildings. 
BURYING   PLACES. 

Richmond  Hill.  Regulations  for  the 
government  of— by  whom  establish- 
ed, 86 

Walls,  Gates,  Sec.  how  and  by  whom 
kept  in  repair,  86  87 

Sexton  of,  by  whom  appointed,  86 

Interments  therein, — how  regulat- 
ed, 86  87  90 

Shockce  Hill.  Committee  of—how  con- 
stituted— and  powers,  87 

Keeper  of,  when  and  by  whom  ap- 
pointed, &c.  87 

To  give  Bond,  &c.  87 

Duty  of,— Salary  and  Fees,  88 

Interments— how  regulated,  89  90 

Graves— depth  of,  88 

Title  to  Sections  of  ground — ftow  ac- 
quired, 88  89 

When  to  revert  to  City,  89 

Enclosures  of,  regulated,  89 

Injuries  to  enclosures,  Tomb-Stones, 
&c.  how  punished,  90 

BUTCHERS. 

See  JZirket*. 

BUTTER, 

Sale  of,  regulated,  107  I0f- 


Index. 


131 


Page 

BYRD'S  LOTTERY,  8cc. 
Charles  Carter,  the  surviving  Trustee, 
authorized  to  convey  Lots,  &c.  held 
under,  11 

Conveyance,  not  to  affect  the  rights 
of  other  claimants,  or  the  heir  at 
Law  of  Byrd,  12 

c. 

CAPITOL. 

Capitol,  &c.  to  be  erected, 

How  built,  and  of  what, 

See  Public  Square. 

CARTS. 

See  Wagons,  Drays  and  Carts. 
CELLAR  DOORS. 

Not  to  be  erected  on  Streets  of  less 
width  than  fifty  feet,  47 

May  extend  five  feet,  in  the  foot  way 
of  Streets  fifty  feet  in  width,  47 

CHAMBERLAIN. 

When  and  by  whom  elected, 

Tenure  of  office, 

To  execute  bond,  8C 

Oath  of  office,  80 

Salary,  .80 

Duty  of — as  Chamberlain — as  Treasu- 
rer and  Secretary  of  the  Sinking 
Fund — and  Clerk  of  the  Common 
Hall,  79 

CHIMNIES. 

Wooden,  not  to  be  erected,  3  5 

CITY-HALL. 

New  Building,  near  the  Capitol  square, 
used  as  the  City  Court-House,  to  be 
known  by  the  name  of  the  City- 
Hall,  84 

Committee  of, — when  and  by  whom 
appointed. — Duty  of,  85 

Keeper  of — when  and  by  whom  ap- 
pointed— Duty  and  Salary  of,  85 

Injuring  or  defacing  of— how  punish- 
ed, 35 

Refreshments,  &c.  under  what  regu- 
lations may  be  sold  therein  85  86 

Yard  of— See  Public  Square. 

CITY  PROPERTY. 

All  the  property,  real  and  personal, 
vested  in  the  Trustees  of  the  Town 
of  Richmond— transferred  to,  and 
vested  in  the  Corporation,  15 

CITY  OF  RICHMOND. 

See  Corporation. 
CLERK  OF  THE  COMMON-HALL, 

When  and  by  whom  elected,  79 

Duty  of,  79 

May  appoint  a  Deputy,   with  the  ap- 
probation of  the  Hall>  79 
See  Chamberlain. 

CLERKS  OF  MARKETS. 

To  be  appointed  by  the  Hustings 
Ckrurtj  14 


Page. 

When  may  act  by  Deputy,  110 

To  receive  Rents  of  Stalls,  105 

Duty  of,  on  any  Stall  becoming  va- 
cant, 105 

To  examine  Meats,  Fish,  Fowls,  &c. 
and  if  defective — how  to  proceed,  107 

Butter,  Oysters,  &c.  if  bought  in  City, 
or  consigned  therein,  &c.  to  be  seiz- 
ed, 107  8 

How  disposed  of,  108 

To  inspect  Measures,  &c.  109 

Examine  Butter,  &c.  sold  by  weight, 
and  seize,  if  deficient,  109 

Authority  of,  within  Market  limits,  as 
to  wagons,  &c.  100 

See  Markets. 

COLLECTOR  OF  'RAXES. 

By  whom,  and  when  appointed, 

Bond, 

May  appoint  a  Deputy,  with  the  ap- 
probation of  the  Hall, 

Duty  of,  t  72. 73 

To  collect  all  Taxes  and  Levies,  im- 
posed by  any  Ordinance, 

To  commence  1st  August  in  each  year,    72 

Distress  for  tax,  when  may  be  made, 
and  on  what  levied,  72  73 

How  disposed  of,  73 

Insolvents  and  Absentees — list  of,  to 
be  returned  on  oatli,  certified  by 
Court  of  Hustings,  to  the  Chamber- 
lain, within  six  months  after  tax  is 
payable, 

Subject  to  corrections  of  the  Hallj,        73 

Compensation  of,  72 

Se"e  Taxes. 

COMMON  COUNCIL. 

Who  eligible, 

Who  not  eligible, 

By  whom  elected, 

Mode  of  election,  12  23  24 

By  whom  conducted, 

How  constituted,  13  14  16  29 

Qualifications — to  be  judged  of  by 
Common  Councilmen  elegt, 

Oath  of,  41 

President  of, 

COMMON-HALL. 

When  and  by  whom  may  be  convened,    25 

Quorum,  15  25 

Authority  of, 

See  Common  Council. 

COMMONS. 

ommon  Hall  empowered  to  lease, 
sell,  or  use  a  parcel  of  land,  ceded 
by  William  Byrd,  in  the  year  1742, 
as  a  common  for  the  use  of  the  in- 
habitants of  Richmond,  &c.  33 
CONSTABLE. 

To  be  annually  appointed  by  Hustings 
Court, 

To  tukc  the  oath  of  Constable,  and 
give  bond,  &c.  29 


132 


May  appoint  Deputies,  with  the  ap 
probation  of  the  Court, 
Authority  of,  29 

Fees,  29  30 

Ca.  Sa.  when  may  be  executed  by  him,    37 
Henrico  Constables— authority  of,  re- 
stricted,  32 

CORN. 

To  be  sold  and  bought  by  weight, 
Bushel,  average  weight  of,    .  52 

CORPORATION. 

The  Towrvof  Richmond,  incorporated,    13 

Style  of,  12 

To  have  a  common  Seal,  13  16 

Keeper  of,  36 

General  corporate  powers,  13  25  38 

To  erect  Public  Buildings, 

Work-Houses, 

Houses  of  Correction, 

Court-House, 

Prison, 

Market-House, 

Hospitals,  &c.  13 

To  purchase  Fire  Engines,  13  21 

Sink  Wells,  13 

Tax  Ordinaries,  14 

Expel  disorderly  persons,  &c,  14 

Fine  Tippling-Houses,  14 

See  Hustings  Court. 

Common,  Council. 

Property  vested  in  the  Trustees  of 
the  Town  of  Richmond,  vested  in 
Corporation,  15 

COUNTY  LEVY. 
See  Titheables. 

COURTS. 

Of  Appeals, — High  Court  of  Chance- 
ry,— General  Court,  &c.-~ when  first 
held  in  the  Town  of  Richmond, 
See  Hustings  Court. 

CRACKERS. 
See  Fire-Works. 


D. 


DIRECTORS  OF  PUBLIC  BUILDINGS 

Authority  of,  789  10  17  18  2? 

See  Lots. 

DOGS. 

When  not  to  run  at  large,  122  124 

Under  what  restrictions  and  regula- 
tions admitted  in  the  Streets,    124 

Owner  of,  who  deemed,  12; 

Dogs, found  at  large,  how  secured  and 
disposed  of,  122  123  124  12, 

Redemption,  terms  of,  12 

Penalty  on  permitting  to  go  at  large,   12- 

Strangers,  when  affected  by  this  Or- 
dinance, 125 

Penalty  on  obstructing  the  execution 
of  this  Ordinance,  123 

S.te  Markets. 


Pug* 
123 


DOGS.—  Mad 

roceedings  against, 

DRAYS. 
See  Wagons,  Drays,  &?c. 

E. 


ELECTIONS. 

Of  Common-Councilmen,        12  16  22  23 
Mayor,  Recorder  and  Aldermen,        29 
Delegate  to  represent  the  City,          19 
"ee  Ward  Elections. 

ENGINES.  Fire 
See  Fire  Department. 

EQUALIZERS. 
iVhen  and  by  whom  appointed,  70 

Duty  of,  70  71 

See  Assessor. 

ERRORS. 
Of  Assessor,  how  and  when  rectified  69  70 


F. 


FEES. 

Of  Constable,  29 

Guager,  61 

Magazine  Keeper,  64 

Chamberlain, 

For  entering  Wagons,  &fc.    53  57 
License  for  Public  Exhibi- 
tions, 77 
Auctioneers,                     82  83 
FILTH  and  DIRT. 
See  Nuisance. 

FINES  and  PENALTIES. 
How  recovered  and  appropriated,  48  100 

FIRES. 
Fire  Companies. 

How  constituted,  91 

Immunities  of,  91  92 

Roll  of,  to  be  reported  to  Courts 

of  Enquiry  by  Commandants,     92 
Effect  of  report,  92 

Penalty  on  failure  to  report,  92 

Empowered  to  elect  officers,  and 

make  by-laws,  93 

Election,  when  and  to  whom  cer- 
tified, 93 
Meetings  of,  93 
Absentees  to  be  reported,  -              93 
Hre  Department. 

Of  whom  constituted,  94 

Clerk  of,  when  and  how  appoint- 
ed, 95 
Duty  of,  95 
Vacancies  in  the  office  of  Princi- 
pal Engineer,  and  Fire  War- 
dens—how filled,                          97 
May  adopt  rules,  &c.  to  be  ap- 
proved by  the  Common-Hall,      94 
Empowered  to  make  by-laws,  and 
regulate  their  own  proceedings 
in  meetings,  9f 


Index* 


133 


Page. 

Meetings  of,  96 

Engines  and  repairs  to,  £?c.  regu- 
lated, 96  97 
Penalty  on  preventing  the  Prin- 
cipal Engineer — Wardens — or 
any  Fire-man,  discharging  his 
or  their  duty  at  fires,  97 
Principal  Engineer. 

When  and  by  whom  nominated, 

and  to  whom,  91  92 

Proceeding-s  thereon,  93  94 

How  distinguished  at  fires,  96 

Authority  of,  in  all  cases  of  fires,    94 
Duty  of,  at  fires,  94  95 

To  report  to  Fire  Department  the 

cause  of  fires,  &?c.  95 

To  report  delinquencies,  95 

To  examine  Engines,  &?c.  in  the 
months  of  April  and  October, 
and  report  their  condition  to 
Fire  Department,  95 

Penalty  on  failure  to  attend  fires, 

&c.  97 

When  and  by  whom  remitted,         97 
In  absence  of,  by  whom  his  duties 

to  be  performed,  95 

Fire  Wardens. 

When  and  by  whom  nominated, 

and  to  whom,  91 

Proceedings  thereon,  93  94 

How  distinguished  at  fires,  96 

Duty  of,  on  alarm  of  fire,  95 

at  fires,  96 

How  classed,  and  when  to  act  as 

Principal  Engineer,  95 

Commanders  of  Fire  Companies. 

Duty  of,  on  alarm  of  fire,  95 

Engines,  &c.   when,  and  under 
what  regulations  to  be  remov- 
ed from  Engine-house,  95 
To  report  quarter  yearly  to  the 
Fire  Department, thenumber  of 
\vhitemeniberswhoattendedat 
each  fire  during  the  quarter,        96 
To  report  annually,  the  names  of 
the  effective  members  of  their 
companies — and  names  of  offi- 
cers,                                               96 
To  notify  to  the  Fire  Department 
whenever  any  new  election  of 
officers  has  taken  place,  96 
Penalty  on  failure  to  perform  any 

of  the  duties  required  of  them,    97 
See  Watch. 

FIRE  AMIS. 
See  Guns. 

FIRE  WORKS. 

Not  to  be  set  off  without  License,        116 
Crackers,  Squibs  and  Torpedoes — sale 

of,  how  regulated,  116 

See  Crackers,  &c. 

FISH. 
Sale  of,  in  Markets  regulated,  1{J7 


Page. 

Unsrund,  not  to  be  offered  for  safe  in 
Markets,  107 

Duty  of  Clerks  of  Markets,  107 

FOOT-WAYS. 

Not  allowed  to  Streets  of  less  width 
than  thirty  feet,  46  47 

Exception,  47 

By  whom  laid  out,  46 

How  graduated  and  regulated,  47 

Eighteen/eet  wide,  on  Streets  exceed- 
ing 100  feet  in  width,  46 

Twelve  feet,  on  Streets  less  than  100 
feet,  and  under  65  feet  in  width,  46 

Ten  feet,  on  Streets  50  and  under  65 
feet  in  width,  46-7 

Seven  feet,  on  Streets  40  and  under 
50  feet  in  width,  47 

Five  feet,  on  Streets  30  and  under  40 
feet  in  width,  47 

What  part  may  be  occupied  by  mer- 
chandize, 44 

Penalty  on  riding  on,  44  45 

FRUITS,  CAKES,  We. 

Not  to  be  sold  by  slaves  residing  in 
City,  liy 

Sales  of,  in  Streets,  how  regulated,      118 

G. 

GAOL. 

Corporation  authorized  to  build,  13 

GOATS. 

Going  at  large,  prohibited,  5  6 

How  taken  up,  and  disposed  of,  12$ 

GUAGER  AND  INSPECTOR. 
When  and  by  whom  appointed,  60 

May  appoint  a  Deputy,  62 

Oath  of  office,  and  before  whom  taken,     62 
Not  to  traffic,  in  articles,  required  to 

be  inspected  and  guaged,  62 

All  spirituous  Liquors,  Wine,  Oil,  Mo- 
lasses, Vinegar,  and  Spirits  of  Tur- 
pentine in  casks,  brought  into  this 
City,  to  be  vended  therein,  must  be 
inspected,  60 

Penalty  on  failure  to  submit  them  to 

inspection,  61 

Duty  of  Inspector  and  Guager,  60 

To  use  "  Gimter's  Scale,"  61 

Number  of  gallons,  and  Proof  of  Spi- 
rits, to  be  marked  on  casks,  60 
Penalty  on  marking  without  inspec- 
tion, or  for  altering  murks,  61 
How  recovered.  62 
Marked  casks,  not  to  be  re-filled,            61 
Old  bungs  may  be  renewed,                     6-3 
Fees  of  Inspector,  &c.                       61  62 
Quarterly  returns,  to  be  made  to  the 
Common-Hall,  of  the  number  and 
description  of  casks  guaged,               62 

GUN  POWDER 

N"ot  more  than  25  Ibs.  to  be  kept  by 
any  person,  in  his  possession.,  65' 


134 


Index* 


Page 
To  be  kept  in  Tin  Canisters,  65 

GUN  POWDER-MAGAZINE. 
Keeper  of,  when  and  by  whom  ap- 
pointed, 63 
How  removed,                                          63 
To  give  bond,  &c.                                     64 
Duty  of,                                        64  65  66 
Fees,     '                                                    65 
Storage,                                                    64 
Powder,  condition  o£  how  ascertain- 
ed,                                                        65 
Condition  of  Magazine,  to  be  report- 
ed by  Keeper  to  President  of  Hall,    65 
See  Gun  Powder. 

GUNS. 
Firing  of,  within  the  limits  of  City, 

prohibited,  116 

Exception,  116 

GUTTERS. 

To  be  kept  open  and  free  from  ob- 
structions, 43 
By  whom,  and  under  what  penalty,  Sec.    43 

H. 

HACKNEY  COACHES,  &?c. 
To  be  entered  with  Clerk  of  the  Coni- 

mon-Hall,  57 

Tax,  &7c.  57 

To  be  numbered,  t  57 

Penalty  on  failure  to  enter,  &?c.  57 

Rates,  57 

Table  of,  to  be  kept  by  drivers,  57 

Penalty  for  demanding  higher  rates 
after  services  performed,  unless 
agreed  on  before.  58 

HALLS   OF  JUSTICE. 
To  be  erected, 

HAY,  FODDER  AND  LONG  FORAGE. 
Brought  into  City  either  by  land  or » 
water,  for  sale,  not  to  be  purchased, 
sold  or  stored,  except  by  weight- 
under  the  certificate  of  Weigh-Mas- 
ter,  50  51 

Under  what  penalty,  50 

Hay,  &?c.  to  be  inspected  by  Weigh- 
Master,  and  certificate  granted,  ac- 
cording to  quality  47 
Fee,                                                        49 
Agreements  for  sale  of  Hay,  &?c.  un- 
der what  penalty  enforced,                  50 
See  Weigh-Mastcr. 

HOGS. 
See  Swine. 

HORSES. 

Not  to  be  strained  or  run,  in  the  City,    45 
Penalty,  &c.  45 

HUCKSTERS. 
See  Markets. 

HUSTINGS  COURT. 
How  constituted,  14  24 

Jurisdiction  of,  14  15  16  19  21  25 

A  Court  of  Record,  15 


May  hold  Pleas  of  thj=>  Commonwealth 
at  monthly  Terms,  OQ 

Where  held,  35 

Quarterly  Terms,— February,  May, 
August  and  November.  (Act,  Janu- 
ary 12, 1827  )  24 

Court  day,— Friday  before  last  Mon- 
day. 


I. 


INSPECTOR  OF  LIQUORS, 

See  Guager. 

INTERMENTS. 

See  Burying  Places. 


J. 


JAMES  RIVER. 

Powers  heretofore  vested  in  the  Di- 
rectors of  Public  Buildings,  to  im- 
prove its  navigation,  transferred  to 
Corporation,  16 

GRAND  JURY. 

When  to  be  summoned,  and  by  whom,    20 
Presentments  of,  how  proceeded  on,      22 


Prohibited, 


K. 


KITES. 


116 


LANDS-PUBLIC. 

In  and  near  the  City,  not  necessary 
for  the  use  of  the  Government,  to 
be  sold,  and  proceeds  applied  to- 
wards erecting  Public  Buildine-s,        17 
LIME. 

Lime  Kilns,  regulation  of,  116 

Quick  Lime,  storage  of,  regulated,       127 
LOTS. 

Directors  of  Public  Buildings  autho- 
rised to  lay  off  additional  Lots,  &c.  8  10 

How  owners  of,  may  have  them  in- 
cluded within  boundary  of  City,         27 
LOTTERIES. 

Corporation  authorised  to  raise  money 
by,  to  defray  the  expense  of  erect- 
ing a  Stone-Bridge  over  Shockce 
Creek,  16 

M. 

MAGAZINE. 

See  Gim  Poivder-JWagazine. 

MAGISTRATES. 
Authorised  to  examine  privily,   and 

take  the  acknowledgment  of  &  feme 
covert,  21 


Index. 


135 


Page. 

Of  Henrico  County,  not  to  issue  War- 
rants for  the  recovery  of  debts,  by 
one  citizen  of  Richmond  against 
another,  32 

Exclusive  jurisdiction,  in  such  cases 
vested  in  City  Magistrates, 

See  Aldermen. 

MARKETS. 

Corporation  may  erect, 

New  Market  on  Shockce  Hill,  estab- 
lished, 20 

Committee  of,  when  and  by  whom  ap- 
pointed, 105 

Clerks  of,  110 

Stalls  not  to  be  let  to  unlicensed  per- 
sons, 

License,  how  procured,  105 

For  what  forfeited,  105 

Rent  of  Stalls,  how  assessed,  105 

Not  more  than. two,  to  be  occupied 
by  one  Butcher  at  same  time,  105 

How  vacated,  &c.  105  106 

How  far  to  extend  from  the  walls,        110 

To  be  kept  clean  and  decent  by  their 
occupants,  106 

Name  of  occupant,  to  be  written  or 
printed  in  plain  characters  over  the 
Stall,  106 

Boxes  and  Benches  may  be  removed 
by  owners,  107 

Unlicensed  venders — rates  of,  to  be 
collected  by  Clerks,  109 

Occupants  of  Staljs,  vending  meats  of 
unlicensed  persons,  how  and  when 
to  account,  106 

Steelyards,  not  to  be  used  in  Markets,  107 

Patent-balances,  to  be  procured  by 
Clerks,  107 

Fruits  or  Vegetables,  to  be  sold  by 
dry  measure,  109 

Measures  to  be  inspected  by  Clerks,     109 

Beef,  Pork,  Mutton,  Veal,  Shoat,  Lamb 
and  Butter,  to  be  bought  and  sold 
by  weight,  109 

Butter,  &c.  sold  by  weight,  to  be  ex- 
amined by  Clerks — and  if  deficient 
seized,  '  109 

Unsound  Meats,  Fish,  &c.  not  to  be 
offered  for  sale,  or  sold,  107 

Clerks  to  examine  and  prosecute,         107 

Appeal  allowed  to  Market  Committee,  107 

Slaughtered  Cattle,  Sheep,  or  Hogs, 
purchased  in  City,  by  any  Butcher, 
not  to  be  sold  by  them,  106 

Hides  with  the  ears  of  the  animals, 
brought  to  Market,  to  be  exposed 
to  view,  106 

Beef  Tallow,  not  to  be  brought  into 
the  Market  Square,  during  the  Sum- 
mer establishment,  107 

Heads,  feet,  or  other  parts  of  animals, 
not  to  be  left  in  the  Market-houses 
or  Streets  contiguous,  107 


Page. 

Dogs,  not  to  be  brought  within  the 
Market  Squares,  by  Butchers  during 
Market  hours,  106 

Articles  of  Provisions  on  the  way  to 
Market,  not  to  be  sold  or  bought 
before  10  o'clock,  A.  M.  108 

Slaves,  not  to  vend  articles,  without 
permission  in  writing,  describing 
the  quantity  and  sort, — authorised 
to  be  sold,  108 

No  person  shall  expose  for  sale,  or 
sell,  in  the  Markets — Butter,  Eggs, 
Fruits,  Vegetables,  Fowls,  Fish  or 
Oysters,  if  bought  within  the  City, 
or  consigned  therein  to  him  for  sale,  107" 

Articles  so  exposed,  8cc. — how  pro- 
ceeded against,  107  108 

Certificates  of  non-resident  venders 
or  consignors,  to  be  produced  to 
Clerk,  or  any  citizen,  by  resident 
venders,  108 

Residents  within  the  jurisdiction  of 
the  City,  not  to  assist,  or  interfere 
in  the  sale  of  any  provisions,  not 
their  own,  108 

Rubbish,  Filth,  8tc.  not  to  be  deposit- 
ed in  or  about  the  Markets,  109 

Markets,  to  be  swept,  white-washed, 
and  lighted,  8cc.  110  111  121 

Wagons,  Carts,  &c.  to  be  arranged  by 
Clerks,  110 

Clerks  to  attend  from  day  break  till 
the  Market  closes — and  prosecute 
for  fines,  &c. — and  account  quarter- 
ly to  the  Clerk  of  the  Hall,  under 
oath,  for  all  monies  received  by 
them  respectively,  111 

Clerks — constituted  Police  Officers, 
within  two  hundred  yards  around 
the  Market,  111 

Salary  of  Clerks,  111 

Market  days  and  hours,  109  110 

MASTER  OF  POLICE. 

By  whom  appointed,  29 

Authority  of,  29 

See  Mayor. 

MAYOR. 

By  whom  elected,  12  22  36 

From  whom  may  be  chosen,  36 

Term  of  service,  36 

When  to  Qualify,  36 

Re-eligible,  from  year  to  year  without 
limitation,  36 

Jurisdiction  of,  35  37 

By  whom  to  be  exercised,  in  case  of 
death,  sickness,  &c.  37 

Keeper  of  the  Seal  of  the  Corpora- 
tion, 37 

Office  tb:be  in  some  convenient  part 
of  City,  56 

Salary  to  be  fixed  by  the  Common- 
Hal),  srns- 


136 


Index. 


Page. 
Duties  of,   (as   prescribed  by   Ordi- 

nance.) 

To  hold  "Mayor's  Court,"  113 

Appoint  Deputies  of  Police,  113 

Exercise  a  general  superintend- 
ance  and  control  over  the  Police 
of  City,  and  Watch,  133 

Attend  daily  at  the  Cage,         118  119 
Explore  the  Streets,  &c.  118 

See  Watch,  &c. 

MAYOR'S  COURT. 
See  Mayor. 

MEAL. 

To  be  sold  and  bought  by  weight,         52 
Bushel,  average  weight  of,  52 

MEASURES. 
See  Weights  aad  Measures. 

N. 

NECESSARY  HOUSES. 

See  Privies. 

NOTARIES  PUBLIC. 

Authority  of,  30 

NUISANCES. 

Dirt,  Rubbish,  Filth,  or  offensive  mat- 
ter, no:  to  be  deposited  on  any 
Street,  44 

Under  what  penalty,  44 

Occupiers  of  houses,  not  to  suffer  to 
be  placed  in  any  Street,  Lane,  or 
Alley  —  before  his  or  her  door  or 
Lot,  any  Dirt,  &c.  &c.  44 

Putrid  water,  &c.  in  Houses  or  Lots, 
how  removal  effected,  117 

How  abated,  45  117 

Streets  —  obstructions  by  Auctioneers, 
&c.  how  regulated,  44 

Foot  way  —  what  part  of,  may  be  occu- 
pied by  Merchants  with  goods,  &c.  44 

Hogsheads,  &c.  not  to  be  rolled  down 
the  Basin-bank,  —  or  through  any 
Street,  &c.  .  115 

See  Building-materials—  Horscs—Foot- 
teays—  Privies. 

0. 

OATH. 

Of  Assessor,  66 

Basin-Mast  eT,  114 

Chamberlain,  80 

Common-Councilman-,  41 

Guager,  62 

Poll-takers,  2? 

Voter,  24 

Surveyor,  73 

Watch,  Officers  of,  119 

OATS. 

To  be  sold  and  bought  by  weight,          52 

Bushel,  average  weight  of,  52 


See  Tavern*. 


Pag* 
OYSTERS. 

Sales  of,  in  Streets,  regulated,  118 

Not  to  be  sold  by  Slaves  residing  in 
City,  117 

P. 

PAVING  STREETS. 

Common-Council,  may  cause  Streets 

to  be  paved,  3$ 

A  person  of  skill  and  experience  to  be 
appointed  to  graduate  the  Streets, 
and  superintend  their  pavement,         31 
Full  powers  given,  to  effect  the  object,     32 
Expense,  how  defrayed,  31 

Owners  of  Lots,  &c.  to  what  extent 

chargeable,  31 

Collector  to  be  appointed,  31 

Non-residents — how  charged,  31 

When  tenent  in  possession— and  when 

not,  31 

Assessor  to  make  out  a  statement  of  the 
costs  of  pavements,  made  opposite 
the  property  of  every  person, — and 
the  amount  of  Tax  paid  on  such 
property,  for  pavement,  and  report 
to  Equalizers,  71 

Duty  and  authority  of  Equalizers  on 
such  report,  71 

PENALTIES. 
See  Fines  and  Penalties. 

PLAYS. 
See  Public  Exhibitions. 

POLICE,  DEPUTIES  OF. 
To  be  appointed  by  the  Mayor,  113 

Tenure  of  office,  113 

Compensation,  113 

Duties  of,  113  118  119 

POULTRY. 
See  Markets. 

POWDER  MAGAZINE. 
See  Gun  Powder-Magazine. 

PRIVIES. 

Location  of,  regulated,  117 

How  proceeded  against  when  extreme- 
ly offensive,  &?c.  117 

PUBLIC  EXHIBITIONS. 
The  acting,  exhibiting  or  performing 
for  gain,  any  Play,  Farce,  Interlude, 
Show,  Opera,  or  other  Theatrical 
or  Dramatical  Performance  or  En- 
tertainment,  or  any  other   public 
Exhibition,  without  License,  prohi- 
bited, r. 
Under  what  penalty,                           77  7^ 
How  License  to  be  obtained,             75  7f: 
Mayor's  duty,  on  application,      .75  76  78 
Free-holders'  report, — and  proceed- 
ings thereon,                                    6G  67 
Building  not  to  be  altered,  after  re- 
port m?.de, 

License  to  be  issued  by  Chamberlain, 
on  order  r-f  the  M:tvo".  r,; 


Index* 


Page* 

What  to  specify,  76  77 

Tax  and  fee,    "  76 

For  Theatrical  Exhibitions  —  g>10 
per  week,  or  g  150  per  year,  76 

Circus  and  Feats  of  horsemanship, 
g  5  for  each  day's  or  night's  per- 
formance, 76  112 

Rope  or  Wire  dancing,  or  Puppet 
Shows,  g  30  for  each  week,  76 

Musical  parties  for  gain,  g5  for 
each  day's  or  night's  perform- 
ance, 76 

All   other  public   Exhibitions  for 


in,  g  5  per  week, 


76 


Paintings,  Sculpture,  and  Models, 
&c.  to  be  Licensed  without  Tax,  126 

Licensed  persons,  not  to  permit  others 
to  make  exhibitions,  &c.  '  77 

Museum  of  Warrel  &  Lorton  exempt- 
ed from  the  requisitions  of  this  Or- 
dinance, 78 

The  Mayor  may  grant  License  or  per- 
mission for  any  Religious  or  Chari- 
table purpose,"  free  of  tax,  76 

PUBLIC  PROPERTY. 

See  Public  Square. 

PUBLIC  SQUARE  AND  YARD  OF 
CITY-HALL. 

The  Corporation  empowered  to  enact 
and  enforce  Ordinances,  in  relation 
to  the  Police  thereof—  subject  to  the 
control  of  the  Executive,  33 

Under  such  control,  may  grant  or  re- 
fuse Licenses  for  the  sale  of  refresh- 
ments therein, 

Tax  on  License  to  vend  articles  of  re- 
freshments therein  —  and  Fines  in- 
curred, &c.  how  appropriated,  103 

Keeper  or  Superintendent  —  to  be  ap- 
pointed by  the  Corporation,  33  102 

Duty  of,  and  Salary,  33  102 

Committee  of  the  Public  Square,  when 
and  how  appointed,  102 

Duty  of,  102 

Authority  of,  as  to  Licenses  to  sell 
refreshments  therein, 

Booths,  &c.  not  to  be  erected  therein,  104 

Playing  at  any  sport  or  play  whatever, 
prohibited  therein,  116 

Penalty  on  destroying,  or  injuring  any 
tree,  post,  &c.  103 

All  officers  of  Police  —  required,  —  es- 
pecially on  Public  days,  to  aid  in 
enforcing  this  Ordinance,  103 

PUMPS. 

Corporation  authorised  to  provide,         13 
Penalty  on  breaking,  destroying  or 
injuring, 

PUTRID  WATER,  &c. 

See  Nuisances. 

18 


Q. 

QUOITS. 

Playing  at,  in  Streets,  prohibited, 

R. 


Page. 


lie 


RECORDER. 

How  elected,  and  by  whom,        12  16  29 

Vacancy,  how  supplied,  13 

Jurisdiction  of,  13 

In  absence — sickness,   &c.  of 

Mayor,  35  37  78 

REGIMENT. 

The  inhabitants  of  the  City,  to  be 
formed  into  a  distinct  Regiment, — 
and  shall  not  be  obliged  to  attend 
Company  or  Regimental  musters^ 
except  in  or  near  the  City,  20 

RUBBISH. 
See  Nuisances. 
Markets. 

RYE. 

To  be  sold  and  bought  by  weight,         52 
Bushel,  average  weight  of,  .5/3 

a 

SALARIES. 

Mayor,  Recorder,  &c.  to  receive  com- 
pensation  to  be  fixed  by  the  Com- 
mon-Hail— and  paid  out  of  City- 
Funds,  37 
Assessor,  69 
Aldermen,  114 
Basin-Master,  115 
Chamberlain,  80 
Keeper  of  City-Hall,  85 
Markets—Clerks  of,  .111 
Mayor,  113 
Police — Deputies  of,  113 
Recorder,  114 
Watch,  and  officers  of,  119 
Weigh-Master,  50 
Street-hands — Overseer  of,  46 

SEAL,  PUBLIC. 

To  be  kept  by  the  Mayor,  3(5 

To  be  affixed  to  all  corporate  trans- 
actions, and  due  faith  and  credence 
to  be  given  thereto,  16 

SHOCKCE  CREEK. 
Navigation  to  be  improved,  by  open< 

ing  old  channel,  10  11 

Stone  bridge  over,  to  be  erected,  16 

SHORTS. 

To  be  sold  and  bought  by  weight, 
Bushel,  average  weight  of, 

SHOWS. 
See  Public  Exhibitions. 

SIDE-WALKS. 
See  Poet-Ways. 


138 


Index. 


Page. 
SINKING-FUND. 

Treasurer  and  Secretary  of,  when  and 
by  whom  elected, 

Duty  of,  79 

See  Chamberlain. 

SLAUGHTER-HOUSES. 

Not  regulated. 

SOAP-BOILERS. 

Prohibited,  unless  licensed  by  Com- 
mon-Hall,  118 

SQUIBS. 

Sale  of,  regulated,  116 

Not  to  be  set  off  without  license,  &c.  116 
STREETS. 

On  Shockoe-Hill,  to  be  enlarged  to  a 
breadth  not  less  than  80,  nor  more 
than  120  feet,  9  10 

AH  Streets  on  Shockoe-Hill,  (except 
H  Street,  and  that  part  of  E  Street 
Eastward  of  Harris'  Building,). to 
be  reduced  to  the  width  of  66  feet,  30 

The  excluded  ground,  to  be  added 
to  the  Squares,  and  vested  in  the 
owners  of  adjoining  Lots,  30 

Cross  Streets  to  be  extended  to  James 
River,  26 

Streets  East  and  West  of  Shockce- 
Creek,  to  be  joined,  26 

The  Way  from  the  Northern  bounda- 
ry of  City — by  Tate's  Tan -yard  and 
the  Market-house — to  be  laid  out  as 
a  Street,  not  to  exceed  100  feet  in 
width,  and  extended  by  Mitchell's 
Tenement,  to  the  River,  26 

Street  from  Shot  Manufactory  to  be 
extended,  near  the  margin  of  the 
River,  to  Rocketts*  Landing,  not  to 
exceed  100  feet  in  width,  26 

How  property  condemned,  &c.         26  27 

Certain  Streets,  North  of  Main  Street, 
established  of  the  width  of  66  feet,  28 

Streets  South  of  Main  Street,  to  be 
laid  off,  28 

Eleventh  Street,  between  D  and  E 
Streets — width  and  bearings  of,  to 
be  changed,  34 

D  Street — to  be  extended  from  -25th 
Street  to  Rocketts'  Street,  34 

Pine  Street,  discontinued,  34 

Oak  Street,  changes  in,  made,  34 

Streets,  Lanes  and  Alleys,  which  have 
been,  or  may  hereafter  be  ceded  to 
the  Public — to  be  within  the  juris- 
diction and  control  of  the  Common- 
Council,  as  fully,  as  those  laid  off 
in  the  original  plan  of  City,  38 

Lines  and  width  or such  Streets,  Lanes, 
&c.  to  be  ascertained,  38 

See  Paving  Streets. 

Commissioners  of  Streets. 

When  and  by  whom  appointed,  42 

Number  of,  and  how  distributed,  42  43 

Term  of  service,  42 


Pag*. 

Duty  of,  42 

To  proceed  through  the  different 
Wards,  and  view  the  several 
Streets,  &c.  therein — and  note 
the  repairs,  &c.  42 

The  Commissioners  in  each  Ward 
to  cause  such  repairs  to  be 
made,  &c.  42  43 

To  render  an  account  quarterly 
to  the  Chairman,  exhibiting  the 
amount  expended,  &c,  43 

To  render  every  year  to  the  Hall 
an  account  of  the  most  impor- 
tant improvements,  See. — and 
sums  expended,  &.c.  43 

In  case  of  equal  division  on  any 
subject  relative  to  their  duties, 
the  Hall  to  decide,  43 

To  constitute  a  majority,  there 
must  be  present  at  least  one 
member  from  each  Ward,  43 

Streets  separating  two  Wards,  to 
be  repaired  at  their  joint  ex- 
pense, 42 
Commissioners  to  hire  hands  and 
purchase  or  hire  horses,  carts, 
&c.  45 
To  contract  for  feeding,  clothing, 

&c.  45  46 

To   appoint  an   Overseer  of  the 

hands,  &c.  46 

Duty  of  Overseer — to  superin- 
tend and  carry  into  effect  the 
repairs  and  improvements,  that 
may  be  ordered  by  the  Com- 
missioners of  Streets,  or  of  each 
Ward,  or  by  the  Common-Hall, 
&c.  46 

Overseer— to  give  bond,  &c.  46 

When  and  by  whom  may  be  re- 
moved, 46 
Salary,  46 
See  JBuilding -materials. 
Foot-ways, 
Nuisances. 

STONES. 
Throwing  of,  in  Streets,  prohibited,     116 

SURVEYOR. 
Common-Hall,  authorised  to  nominate 

a  Mathematical  Surveyorof  the  City,  25 
How  examined  and  commissioned,  25 
Authority,  26 

When  and  by  whom  elected,  73  74 

Term  of  service,  74 

Tenure  of  office,  74 

Oath  of  office,  74 

Duty  of,  74 

Compensation,  74 

No  other  Surveyor  to  make  surveys  in 
the  City,  for  compensation,  without 
the  consent  of  Common-Hall— or 
of  a  majority  of  Commissioners  of 
Streets,  74 


Index. 


139 


Page. 
SWINE. 

Not  to  be  raised,  or  kept  and  suffer- 
ed to  go  at  large,  5  6 

Found  going  at  krge,  may  be  destroy- 
ed, &c.  6 

Pound  at  large  in  any  Street,  Lane, 
Alley,  or  uninclosed  place  or  Lot, 
forfeited  to  City,  122 

How  taken  up,  secured,  and  disposed 
of,  122  123  J25 

Obstructing  the  execution  of  Ordi- 
nance— how  punished,  123 

T. 

TALLOW  CHANDLERS. 

Prohibited,  unless  licensed  by  Com- 
mon-Hall, 118 

TAVERNS. 
Hustings  Court,  vested  with  exclusive 

power  to  License  and  fix  their  rates,     14 
Corporation  may  demand  reasonable 
Fees  for  Ordinary  Licenses — over 
and  above  those  established  for  rais- 
ing a  revenue,  14 

TAXES. 

May  be  imposed  by  Corporation  on  the 
White  and  Black  male  titheables,— 
and  on  the  Heal  and  Personal  pro- 
perty, within  City,  13 
Not  more  than  one-third  of  the  sum 
levied,  to  be  levied  on  the  tithe- 
ables, 13 
Corporation,  authorised  to  appoint  a 
Collector — and  direct  distress  to  be 
made  for  delinquencies,  &c.  13 

THEATRES. 
See  Public  Exhibitions. 

TIPPLING-HOUSES. 
Corporation  authorised  to  fix  fines  on,    14 

TITHABLES. 

Residing  in  City,  exempt  from  Coun- 
ty levies,  and  from  rates.  22 

TORPEDOES. 
See  Fire- Works. 

w. 

WAGONS,  DRAYS,  CARTS,  &c. 

Employed  for  hire,  to  be  entered  an- 
nually with  the  Clerk  of  the  Com- 
mon-Hall, 52 

Bond  and  security  to  be  given  for  the 
delivery  of  all  articles,  &c. 

Tax,  and  Clerk's  Fee,  53 

Register  of  Wagons,  &c.  to  be  kept 
by  Clerk,  with  number,  initials  of 
owner's  name,  &c.  52 

Wagons,  Drays,  &.c.  to  be  marked  with 
number  and  initials  of  owner's  name, 
with  white  paint,  in  large  figures 
and  letters,  on  a  dark  ground,  52 

F eualty  on  failure  to  enter,  or  number,    53 


Page. 

Drivers  of,  subject  to  the  approval  or 
rejection  ef  the  Mayor,  &c.  53 

Full  load  of  Wagon,  Dray,  &c.  54 

Rates  of,  55 

Penalty  on  demanding  higher  rates, 
unless  under  special  agreement,  be- 
fore load  taken  on,  57 

Ticket,  when  to  be  given,  and  what 
to  specify,  54  55 

Wagons,  &c.  when  must  be  entered, 
though  not  employed  for  hire, 

Tax  on  such,  54 

Drivers  of  Wagons,  8tc.  to  drive  to 
the  right,  58 

Wagons,  &c.  not  to  stand  in  middle  of 
Street,  58 

Nor  opposite  any  intersecting  Street,    58 

To  stand  as  near  as  practicable  to  the 
Gutter  or  Foot  Pavement,  58 

Penalty  on  violating  these  regulations,    58 

Mayor,  &c.  authorised  to  direct  the  re- 
moval of  any  Carriage,  Wagon,  &c. 
in  such  manner  as  may  seem  best 
for  the  general  convenience,  58 

Penalty  on  refusal  to  obey  such  order,    58 

Drivers,  &c.  except  when  loading  or 
discharging,  to  keep  in  their  hands 
strong  reins,  54 

Team  not  to  be  driven  faster  than  a 
walk,  54 

Not  to  be  driven  on  the  Foot-way,         54 

Wagon,  &c.  not  to  be  driven  on  any 
paved  Street,  with  wheel  locked,  54 

Drivers  not  wantonly  to  smack  their 
whip,  54 

Nor  beat  their  Teams  cruelly,  54 

Not  to  feed  their  Teams  in  any  Street, 
&c.  54 

Penalty  on  violating  these  regula- 
tions, 54  58 

Officers  of  Police,  Sergeant,  Consta- 
bles, &c.  their  duty  under  this  Or- 
dinance, 58 
WARDS. 

City  to  be  divided  into  three  Wards, 
by  a  Committee  to  be  appointed  by 
the  Executive,  22 

Wards  to  be  numbered  and  named  by 
Committee,  23 

Division,  when  made,  to  be  reported 
to  the  Executive,  and  recorded  in 
the  Hustings  Court,  23 

To  remain  in  force  three  years — then, 
and  triennially  thereafter,  Commit- 
tees shall  be  appointed  by  the  Exe- 
cutive, to  make  such  alterations,  as 
shall  be  deemed  necessary,  23 

WARD  ELECTIONS. 

To  be  held  on  the  first  Wednesday  in 

April,  22 

How,  and  by  whom  conducted, 
Sergeant's  duty, 


Index, 


Page. 

Electors — qualification  of,  12  24 

To  vote  in  the  Wards  in  which  they 

reside, 

Residence,  how  tested, 
Non-resident  freeholders — where  to 

vole,  24 

Elected— qualifications  of,  by  whom 

adjudgeu.  24 

Proceedings  to  be  had  on  disqualifica- 
tion pronounced,  24 
See  Common-  Council. 

WATCH. 
The  Corporation  invested  with  power 

to  appoint  and  pay  Watchmen, 
To  be  appointed  by  the  Mayor,  119 

Number  of, 

Compensation,  119 

May  be  removed  by  First  Officer,  for 

disobedience,  &c.  120 

Officers  of  Watch— by  whom  elected,  119 
How  qualified, 

removed,  120 

Salary  of,  120 

Duties  of  First  Officer,  120 

of  Second  Officer,  120 

Watch  Districts,  to  be  designated  by 

the  Mayor,     '  120 

tVatch,  under  the  superintendence 
and  control  of  the  Mayor, — and  the 
officers  and  privates  to  conform  to 
his  directions,  113 

WATER. 

V»Then.  and  under  what  terms,  may  be 
introduced  into  the  City,  or  any 
.part  thereof,  38 

D  Street,  from  llth  to  14th  Streets, 

watered,  98  104 

,F/re-Plugs,  and  water  protected,    99  100 

WELLS. 
See  Pumpe,  and  p.  59. 


Paee 
WEIGH-MASTER. 

When  and  by  whom  elected,      48  49  50 
Bond  and  security  to  be  given,  50 

Vacancy,  by  death,  &c.  when  new  ap- 
pointment to  be  made,  50 
To  have  the  care  of  the  Public  Scales,    49 
Duty  of,                                               49  50 
To  weigh  all  articles,  &c.  and  grant 
a  certificate  thereof,   and   enter 
the  same  in  a  book,  correspond- 
ing thereu  ith,  49 
To  Inspect  all  Hay,  Fodder,  &c  of- 
fered for  weighing,  and  grant  cer- 
tificate of  quality,                              49 
To  attend  at   landing,  anc^  weigh 
all  Forage,  in  Bales  or  Bfmdles, 
brought  by  water,  (if  more  than 
20   bundles) — provided    Patent- 
Balances  be  furnished,               50  51 
Salary  bf  50 
Fees,                                                   49  50 
How  disposed  of,                        49  50 
See  Hay,  Fodder,  t3c. 

WEIGHTS   AND  MEASURES. 
Standard  Weights  and  Measures  to  be 
provided  by  the  Clerk  of  the  Mar- 
ket (E  and  17th  St.)  at  cost  of  City,    51 
Duty  of  Clerk,  51 

Fees,  51 

Penalty  on  selling  any  article  by  defici- 
ent weights  or  measures,  51  52 

WHARVES. 

Corporation  authorised  to  erect — and 
lay  a  duty  on  vessels  coming  to,  and 
using  the  same — to  keeg  them  in 
repair,  13  14 

WHEAT. 

To  be  sold  and  bought  by  weight,         52 
Bushel,  average  weight  of,  52 


VB  08835 


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